Air Pollution: Bombay High Court moots stopping salaries of BMC, NMMC officials for inaction

The Bombay High Court on Friday pulled up the Navi Mumbai Municipal Corporation (NMMC) and the Brihanmumbai Municipal Corporation (BMC) for failing to effectively implement air-pollution mitigation measures in Mumbai and adjoining areas. [High Court on its own motion v. State of Maharashtra & Ors.].A bench of Chief Justice Shree Chandrashekhar and Justice Suman Shyam warned of coercive orders including blocking salaries of Municipal Commissioners if the Court's directions continue to be ignored.The Court was hearing a suo motu public interest litigation on the deteriorating air quality in Mumbai and its surrounding areas. The Court said it found belligerent disregard and violation of its orders by NMMC.“There is a belligerent disregard and violation of this court's order by the Municipal Commissioner, Navi Mumbai Municipal Corporation, against whom we propose to pass an order directing him not to draw his salaries till this order permits him to do so,” the bench noted.However, the Court said that is not passing any immediate directions to stop the salary and it is only a proposal.“We also maintain certain discipline. Whatever we have recorded we will not recall. We hold against you that we will stop your (NMMC commissioner) salary and his (BMC commissioner) too. This is just a proposal indicating to you. We are not stopping forthwith,” the bench orally told counsel for both authorities..The bench referred to the affidavit submitted by NMMC which did not reflect any visits by officers to eleven construction sites identified by the court-appointed Advocate Commissioners for breaching dust mitigation norms.“We do not find any indication the affidavit filed by the City Engineer as regards even the visit by the officers or a team of officers of the NMMC to those 11 sites which fall within its jurisdiction,” the bench noted. .The bench was also dissatisfied with BMC and recorded that no sincere efforts had been made by the civic body. The Court cautioned that similar coercive orders may follow against its top officials if non-compliance persists.It questioned BMC’s pace of compliance and the timing of its action. “Only after the court's order, you have started taking the steps. What you have been doing since the last one year? We have given you sufficient opportunity. We need to pass some coercive against you also. We are not sitting here to take a stock of the situation and seek a status report in the court. This is your duty to ensure it” the bench remarked..The Court then sought details of how many air quality monitors have been installed by BMC till September last year and how many were connected to the central dashboard. Senior Advocate Janak Dwarkadas, appearing for NGO Vanshakti, and Senior Advocate Darius Khambata, amicus curiae in the matter, referred to earlier High Court orders from October 2023.They submitted that the orders had been ignored with impunity, and that specific and individual responsibilities should be fixed on officials concerned.They pointed out that nearly 500 construction sites in Mumbai were still functioning without sensor-based air quality monitors, despite repeated directions. .After considering submissions post-lunch, the bench remarked, “We have come to a conclusion that there is no genuine and sincere effort made by the BMC. We may pass similar order as proposed against NMMC commissioner.”The High Court urged BMC to seek extra statutory powers from the Court to impose exemplary costs between ₹5 lakh and ₹5 crore on violators. The suggestion was directed particularly at violations of dust mitigation and air-pollution norms at construction sites.“Seek order from the court. In all socio-economic offences, this is one of the measures. Violators must know crime does not pay. So similarly, impose such a heavy costs that they will think twice before violating law,” the Chief Justice told BMC.The matter will be heard next on January 27..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.