The Bombay High Court has taken a stern stance against the perceived failure of civic and pollution control authorities in tackling Mumbai's deteriorating air quality. On Monday, December 23, 2025, the court directed the Brihanmumbai Municipal Corporation (BMC) Commissioner Bhushan Gagrani and the Member-Secretary of the Maharashtra Pollution Control Board (MPCB) to appear personally before it on Tuesday. The judges sought an explanation for what they termed as "inaction" in mitigating the severe pollution plaguing the city and its surrounding regions.
Court's Scrutiny and Committee's Alarming Findings
A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad was reviewing a report from a four-member committee it had appointed. This committee, which included lawyers and Anita Patil, Conservator of Forests for Sanjay Gandhi National Park, conducted inspections at 36 sites across Mumbai and Navi Mumbai between December 6 and 13. The sites ranged from ready-mix concrete plants and under-construction buildings to major infrastructure projects.
The findings presented to the court painted a grim picture of systemic failure. The panel concluded that most construction, demolition, industrial, and roadwork sites showed "absolute non-compliance" with existing pollution-control guidelines. Senior advocate Darius Khambata, acting as amicus curiae, pointed out that compliance with the court's earlier orders had been merely "reactive" rather than "proactive."
Specific Failures at Major Project Sites
The committee's report detailed egregious violations at several high-profile locations. At three major sites in the Bandra Kurla Complex (BKC)—including the Bullet Train project and Metro Line 2B—inspectors observed a "recurring pattern of incomplete or inconsistent compliance" with mandated pollution norms.
One of the most shocking revelations concerned the demolition at Government Colony in Bandra (East), the proposed site for the new Bombay High Court building. The panel reported that the activity involved large-scale removal of structures, generating massive amounts of openly scattered dust and debris. Critically, there were no barricades, wet coverings, or dust-suppression mechanisms like sprinklers or smog guns in place. The debris was fully exposed, and dust from uncovered vehicles transporting waste was dispersing into public roads and residential areas. The panel labeled these activities as "extremely negligent" and "dangerously unregulated."
Broader Systemic Issues and 'Cosmetic' Measures
Beyond individual sites, the committee flagged several systemic problems undermining air quality management in the Mumbai Metropolitan Region. It noted that the MPCB's AQI monitoring station at Mahape in Navi Mumbai was "poorly maintained," with a non-functional display and no staff present.
Furthermore, the report highlighted a significant discrepancy in air quality data. The government's Sameer App displayed significantly lower AQI readings compared to third-party applications, raising questions about monitoring accuracy. While BMC officials attributed this to higher-quality sensors, the panel found the differences to be "substantial."
The court was also informed that existing mitigation measures, such as water sprinklers and smog guns, were being deployed in a "limited, ad-hoc or cosmetic manner." The committee stressed the need for "urgent action" on real-time monitoring and complete guideline implementation to prevent further deterioration of public health.
Taking a prima facie view of the committee's report, the bench stated, "We have formed a prima facie opinion that the municipal commissioner and member-secretary of MPCB should personally explain the inaction on the part of the concerned officers." The suo motu Public Interest Litigation (PIL) was initiated based on news reports, including The Indian Express's 'Death by Breath' series, which highlighted an alarming rise in air pollution since November 2023.
