Bombay High Court suggests phasing out diesel vehicles, wood/coal kilns to combat air pollution

The Bombay High Court on Thursday proposed the phasing out of diesel vehicles and wood/coal-fired kilns (bhattis) used by bakeries as part of its efforts to combat the deteriorating air quality in Mumbai..A Bench comprising Chief Justice DK Upadhyaya and Justice GS Kulkarni emphasized the importance of transitioning to CNG and electric vehicles instead of diesel-powered ones. "Not to copy Delhi, but can we consider permitting only CNG-driven vehicles and phasing out diesel engines?" the Bench proposed.It was hearing a suo motu Public Interest Litigation (PIL) petition from 2023 dealing with concerns over the city's poor air quality..During the hearing, Senior Advocate Darius Khambatta, who is the Amicus Curiae in the matter, highlighted that bhattis used by bakeries were the third-largest contributors to air pollution in Mumbai, with construction sites and red-category industries taking the top two spots. He called for immediate action against construction sites, which he identified as the primary contributors.The Court then raised the possibility of eliminating bhattis used in bakeries. "There are two ideas that you may consider. Bhattis are used by bakers and small food places. We are not sure about the fuel used. According to reports, Mumbai produces over 5 crore buns annually. This could be a major source of air pollution. Can the Corporation suggest banning the use of wood or coal for all bhattis in the city? Is there any statutory regulatory regime available for bhattis? Can we impose a condition that new licences will only be issued if they discontinue the use of wood and coal?" the Bench asked..In response, Senior Advocate Milind Sathe, representing the Brihanmumbai Municipal Corporation (BMC), said that the civic body had already issued notices to bakeries still operating coal and wood-fired bhattis, directing them to switch to sustainable kilns within a year. Advocate General Birendra Saraf also suggested that further action can be taken against these establishments if air pollution norms are not met.The Court also suggested systematically phasing out diesel-driven vehicles to address pollution. .The Bench also endorsed the idea of real-time pollution monitoring at construction sites. This suggestion came after Senior Advocate Janak Dwarkadas, representing one of the intervenors, shared an example from Bangkok, where construction sites display real-time pollution data. The Court urged the Maharashtra Pollution Control Board to adopt a similar approach.The Court also expressed frustration over the State's failure to appoint sufficient staff at the MPCB despite prior directives aimed at addressing city-wide industrial pollution. In a March order, the Court had directed that audits of red-category industries be completed within six months. However, the Court noted that out of nearly 7,000 red-category industries, only around 1,000 had been audited so far."Out of 7,268 red-category industries, only 957 have been audited. What about the rest?" the court asked, criticizing the lack of progress. "Only when the court passes an order, something is done. Why is there such a situation when they are at the helms of affairs? They need to understand what's happening in their house. Everybody is affected—advocates, children, and citizens. This is unacceptable," the Bench made it clear.It also took issue with the BMC's response to the air pollution issue. Khambatta had referred to an affidavit filed by the BMC, in which the civic body had admitted its inability to tackle air pollution from construction sites. In defense, advocate Sathe argued that development was vital for the city. However, Chief Justice Upadhyaya was not impressed and said that despite Mumbai's geographical advantage of being close to the sea allowing it to get the benefit of sea breeze, the pollution levels were still high. "Mr. Sathe, we cannot accept the BMC’s stance. The argument cannot always be about environment versus development. When will effective measures be implemented? When will pollution levels decrease? We can't compare ourselves to Delhi. Mumbai has a locational advantage that Delhi doesn't," the Chief Justice said.The Court eventually adjourned the hearing.A detailed order will be passed at a later date..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.