Bombay High Court Takes Firm Action Against Air Pollution in Mumbai

Court Constitutes Committee to Oversee Compliance with Environmental Guidelines at Construction Sites

The Bombay High Court has taken significant steps to address the growing concern of air pollution in Mumbai by constituting a dedicated committee to ensure strict adherence to environmental guidelines at construction sites. This decision comes in response to a Suo Motu Public Interest Litigation initiated by the High Court itself, highlighting the urgent need for compliance with existing regulations to combat air pollution in the city.

The division bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad emphasized the non-compliance of environmental guidelines by numerous construction sites, a major contributor to Mumbai's air pollution crisis. Despite the Municipal Corporation of Greater Mumbai's (MCGM) issuance of a comprehensive 27-point guideline to curb air pollution, many sites have failed to implement these measures effectively.

The court has mandated the formation of a committee consisting of Ms. Anitta Patil, Conservator of Forests from Sanjay Gandhi National Park, and advocates Mr. Karan Bhosale, Ms. Namrata Vinod, and Mr. Anant Mallya. This committee is tasked with inspecting construction sites and industrial units, particularly in areas with the highest Air Quality Index (AQI) levels. Their inspections will focus on ensuring compliance with guidelines such as covering sites with metal sheets and tarpaulins, using water sprinklers for dust suppression, and installing CCTV cameras and sensor-based air pollution monitors.

The High Court has directed the MCGM and the Maharashtra Pollution Control Board (MPCB) to provide logistical and operational support to the committee. Mr. Shashank Bhore, Deputy Municipal Commissioner (Engineering) of MCGM, will act as the nodal officer for the committee, ensuring seamless coordination and support for site inspections.

In addition, the court has called for the MCGM and MPCB to submit affidavits outlining immediate and long-term strategies to mitigate air pollution and enforce compliance with environmental regulations. The court has also suggested the issuance of health advisories during the autumn season and the provision of masks at public places to raise public awareness and protect citizens from air pollution.

This decisive action by the Bombay High Court underscores the judiciary's proactive role in safeguarding the environment and public health. The court's firm directions aim to address the persistent issue of air pollution in Mumbai and ensure that environmental guidelines are rigorously followed, thereby improving air quality and protecting the health of its citizens.

Bottom Line:

Public Interest Litigation concerning air pollution in Mumbai - High Court constituted a committee to address non-compliance of environmental guidelines at construction sites contributing to air pollution.

Statutory provision(s): Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975

High Court of Judicature at Bombay on its own motion v. State of Maharashtra, (Bombay)(DB) : Law Finder Doc Id # 2816456