Bombay HC Criticises BMC, MPCB Over Air Pollution Inaction, Directs Immediate Measures To Control Construction Dust, Garbage Burning And Emissions

Mumbai: The Bombay High Court on Monday came down heavily on the Brihanmumbai Municipal Corporation (BMC) and Maharashtra Pollution Control Board (MPCB) over their inaction on air pollution, particularly regarding construction dust, garbage burning, and industrial emissions in and around Mumbai.

Hearing a suo motu (on its own) PIL initiated in December 2023 on the basis of media reports, the bench of Chief Justice Alok Aradhe and Justice MS Karnik directed the MPCB to inspect pollution caused by bhattis in Chandivali and garbage burning near riverbanks in Ulhasnagar, which was reported by The Free Press Journal on August 26, 2024.

“MPCB counsel undertakes to consider the issue with regard to bhattis in Chandivali and Ulhasnagar and take preventive measures immediately to prevent pollution and submit a compliance report,” the court noted in its order.

The detailed order copy read that the article in the FPJ pointed out that, in Ulhasnagar, air quality stations are still not working or have been reporting outdated data from previous years.

“It is also submitted that fire continues to break out in open dumping grounds and the activity of garbage burning continues on the banks of river Waldhuni. It is also pointed out that firecrackers are continuously used and bursted in the area,” the order noted.

The bench also expressed strong displeasure at the BMC’s failure to implement the court’s earlier directive from January 9, which mandated the installation of pollution monitoring sensors at all under-construction sites. These devices were to help track air quality in real time and mitigate dust pollution.

Senior advocate Milind Sathe, appearing for the BMC, informed the court that IIT Bombay and IIT Kanpur have been roped in to design a centrally connected system for tracking pollution data. He added that the study would be completed in 15 days. However, the court was not convinced.

“This is a direction. These devices have to be installed. If you don’t, we will ask questions which will be uncomfortable,” the bench warned. “You cannot sit in appeal against our order. These SOPs have to be in place at all construction sites,” the judges emphasized.

In a stern reminder, the court said, “You have to report compliance on the next date. If devices are not installed, then stop construction. If the levels are breached, then stop construction.”

While noting partial compliance, the bench granted the BMC six more weeks, “by way of indulgence,” to fully implement the January 9 directions and submit a fresh compliance report.

The MPCB was also asked to place before the court the audit report of red category industries — those responsible for severe pollution — which was completed in February. The board was further directed to conduct an audit of orange category industries, which cause moderate pollution.

“MPCB shall place the audit report by the next date of hearing and shall proceed to conduct an audit of orange category industries,” the court ordered.

Concerns were also raised over the use of charcoal in hotels. The hotel association stated that there is no prohibition as of now, to which the MPCB replied it would hear the association and take appropriate action.

Amicus curiae Darius Khambata suggested installing CCTV cameras to monitor the functioning of pollution sensors. The court has directed authorities to examine the feasibility of this proposal and submit a report by the next hearing.

All concerned authorities have been ordered to file affidavits by June 12. The matter is scheduled for further hearing on June 17.