The Bombay High Court today expressed concerns over rising air pollution and unsafe conditions at construction sites in Mumbai, warning that the city could face an air quality crisis like Delhi if authorities fail to act decisively [High Court of Judicature at Bombay on its own motion].

A Division Bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad was hearing a suo motu public interest litigation on the city’s worsening air quality.

The Court had on December 22 summoned the Commissioner of Brihanmumbai Municipal Corporation (BMC) and the member secretary of Maharashtra Pollution Control Board (MPCB) to personally explain the inaction of their officers on these issues.

Today, the Bench asked the officers to explain what immediate steps they had taken to safeguard the health of construction workers who were exposed to hazardous dust. 

“We have seen what happens once the situation goes out of hand. Nothing remains under control. We have seen it in Delhi in the last 2-5 years. Not just as officers of the court but as citizens, you have a duty to protect the environment," the Chief Justice observed.

The Court has directed both the BMC and the MCPB to come up with concrete solutions by tomorrow.

The Court took strong exception to the complete lack of air quality monitoring across construction sites, including where public infrastructure projects are being built.

Taking note of a 74-page report submitted by a Court-appointed committee led by Sanjay Gandhi National Park Conservator Anitta Patil, the Bench observed that the findings revealed widespread non-compliance with dust control norms despite repeated directions. 

The Chief Justice questioned BMC officials about inspection data and malfunctioning air sensors. Their counsel, Senior Advocate SU Kamdar, admitted that out of 1,080 electronic sensors mandated to track air quality, 220 were not transmitting data.

The Chief Justice warned that such indifference by the officials was a serious issue, especially if the authorities were “waking up only after the court’s cognizance.” 

The Court also noted that hundreds of construction sites continued work without basic safeguards, such as metal sheets or green tarpaulin barriers.

Kamdar said that show cause notices had been issued to 433 violators and 148 stop-work notices have been enforced since November.

The Bench found these steps inadequate.

“We want compliance. Work should continue, but you have to ensure compliances. These are massive building projects," the Bench emphasized.

Senior Advocate Darius Khambata, the amicus curiae and Senior Advocate Janak Dwarkadas, who represented an NGO, Vanashakti, submitted that the problem lay in systemic failure. Monitors and guidelines existed on paper but lacked real-time linkage and enforcement, they said.

“Data is the new oil,” Dwarkadas added, while proposing a unified database to ensure transparency. 

The Court has now directed authorities to convene meetings and propose immediate health-protection measures for workers who have to face pollution risks.

“They are exposed to health threats. You don’t take care of poor. That is what is happening. Do they have a right to health? Right to health is a fundamental right," the Court asserted.