Mumbai: Bombay High Court Takes Action on Air Pollution: Orders Inspection of Seven Public Projects

Mumbai, 12th December 2023: The Bombay High Court has responded to reports highlighting that seven public projects in Mumbai are contributing to air pollution. The Brihanmumbai Municipal Corporation (BMC) and the Maharashtra Pollution Control Board (MPCB) have been directed to conduct a joint inspection to determine the extent of pollution caused by these projects. The projects in question include road concreting, Metro, Bullet train, Seashore Road, Trans Harbour, Versova-Bandra Sea Bridge, and Madhupark Road in Bandra.

A bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Girish Kulkarni has also instructed legal action against contractors involved in these projects if found to be violating pollution control norms. Senior lawyer Darius Khambata, appointed for legal assistance, brought attention to reports indicating a deterioration in air quality due to these projects. The court expressed concern about construction materials being openly dumped at the seven project sites.

The court highlighted a significant gap in monitoring air quality, citing that only 29 out of the required 104 instruments are currently in place according to Central Pollution Control Board (CPCB) norms. Of these, 15 belong to MPCB, nine to SAFAR (a voluntary organization), and the remaining to BMC.

Additionally, the court noted a 2021 report submitted by a committee of various authorities and experts, addressing traffic-related pollution. The court expressed dissatisfaction with the lack of government decisions on the report’s recommendations and ordered the government to decide within eight weeks.

The Bombay High Court went a step further, advising the state government to consider enacting a law similar to the Central Act to control air pollution. Maharashtra Advocate General Birendra Saraf assured that the government would be advised on this matter, emphasizing the need for a comprehensive plan to address air quality concerns.

In its advice, the court underscored the urgency of the situation, stating that citizens are facing health risks due to air pollution. A collective effort is needed to improve air quality, particularly considering the impact on individuals with respiratory and heart problems. The court urged the government to work towards a permanent solution to address the ongoing issue of air pollution.