Bombay High Court Takes Action Against Mumbai's Construction Pollution
The Bombay High Court has taken a significant step to address Mumbai's worsening air pollution crisis by forming a special five-member inspection committee. This decision came during a hearing on Friday when the court expressed concern about the lack of compliance with pollution control norms at construction sites across the city.
The bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad established the committee to conduct ground inspections at construction sites in areas like Prabhadevi and Lower Parel. The panel aims to verify whether these sites are following mandated pollution control measures.
Committee Composition and Mandate
The newly formed committee includes one official each from the Brihanmumbai Municipal Corporation (BMC), Maharashtra Pollution Control Board (MPCB), and the public health department. Additionally, two civil society members, who could be junior lawyers as suggested by the court, will complete the five-member team.
In a crucial limitation, the court specified that the committee cannot ask for any documents during inspections. This restriction is intended to facilitate quicker action and immediate assessment of ground realities. The court believes that such "small steps" will lead to faster resolution of pollution issues, especially since construction sites are considered major contributors to air pollution.
The court directed state authorities to provide necessary logistics and security for the committee members, ensuring they are allowed entry into construction sites for brief inspections.
Court Proceedings and Concerns
The hearing was part of a suo motu Public Interest Litigation (PIL) from 2023 concerning air pollution in Mumbai. The court recorded suggestions from several legal experts including amicus curiae Darius Khambata, senior counsel Janak Dwarkadas representing NGO Vanshakti, and counsel Gulnar representing intervenor Darpan Gupta.
During proceedings, Dwarkadas highlighted that while an expert committee had been constituted earlier, no action had been taken since its last report was submitted six months ago. This revelation underscored the urgency for immediate measures.
The court also heard suggestions from 25-year-old Karjat resident Darpan Gupta, represented by advocate Pooja Thorat. Gupta proposed that BMC should issue advisories to citizens during pollution spikes and distribute masks at bus stops and public places.
Broader Pollution Context and Responses
Drawing comparisons with other cities, the court observed that "Delhi is struggling for the last 15-20 years with pollution." In response, MPCB senior counsel Ashutosh Kumbhakoni remarked that addressing pollution requires a "magic wand." However, Chief Justice Chandrashekhar countered this by asserting, "It can be done here (Mumbai)."
The court noted arguments indicating that a large number of construction sites are not following BMC's guidelines. It emphasized that construction-related air pollution could be significantly reduced if mitigation norms were properly implemented.
Representing BMC, senior counsel Milind Sathe cited the corporation's 27-point guidelines that include installation of sensor-based air pollution monitors at work sites. Meanwhile, developers' association requested representation on the panel, but the bench rejected this suggestion.
Future Directions and Monitoring
The court has posted the matter for next hearing on December 15 and expressed optimism that small, consistent steps would yield results. In a notable comment, the bench stated, "Within two weeks, you will find the sale of masks has gone down in shops."
The High Court has sought an action taken report from BMC and MPCB detailing steps implemented over the past year. Authorities have been directed to submit commitments on affidavits.
Furthermore, the court emphasized transparency, stating that official records regarding visits by special squads, installation of CCTV cameras, and sensor-based air pollution monitors at construction sites should be open for scrutiny, possibly by a court-constituted team.
The copy of the order dictated in court will be available in due course as the city awaits concrete action against the escalating air pollution problem.
