The Bombay High Court recently voiced concerns over the worsening air quality and persistent pollution across Mumbai during autumn months [High Court of Judicature at Bombay on its own motion]. .The Court noted that despite repeated directions, air pollution during the autumn months had become a recurring and persistent concern in Mumbai.The Court’s observations came while hearing a public interest litigation (PIL) case initiated suo motu in 2023 after rising air pollution in the city of Mumbai.During the hearing on November 28, the Bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad took stock of the reports and compliance efforts by civic bodies.The Court noted that despite multiple directions including detailed guidelines by the Municipal Corporation of Greater Mumbai (MCGM) to curb emissions at construction sites and from vehicular sources, there was widespread non-compliance.“After hearing the parties in this suo motu PIL, we find that despite repeated directions of this Court, air pollution during the autumn months has now become a recurring and persistent concern,” the Court recorded in its order..Hence, it proceeded to constitute an inspection committee including Anitta Patil (conservator of forests at the Sanjay Gandhi National Park) and advocates Karan Bhosale, Namrata Vinod and Anant Mallya.With the support from MCGM and the Maharashtra Pollution Control Board (MPCB), the committee has been directed to identify hotspots of poor air quality and inspect construction sites as well as industrial units for compliance with MCGM’s 27-point guidelines.The guidelines include mandatory dust control measures such as tarpaulin covers, water sprinkling and air quality sensors..During the hearing Senior Advocate Darius Khambata, who is the amicus curiae in the case, flagged news reports that showed the guidelines were being routinely flouted, with special squads for enforcement either failing to visit sites or overlooking violations.He also referred to a report which said that as per Source Apportionment and Emission Inventory conducted by IIT Bombay, about 60% of the air pollution was from from construction and road dust..Taking note of these submissions, High Court directed the committee to file a brief report before the next hearing. The Court also directed both MCGM and MPCB to file affidavits outlining immediate and longer-term interventions to curb pollution and enforce existing guidelines..Darius Khambata was assisted by advocates Tushar Hathiramani and Vidhi Shah. Advocates Neha S Bhide, Jyoti Chavan, OA Chandurkar and GR Raghuwanshi appeared for the State of Maharashtra. Senior advocate AA Kumbhakoni with advocate Pooja Bagwe appeared for MPCB.Senior advocate Milind Sathe with advocates Joel Carlos and Santosh Mali appeared for MCGM.[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
