Mumbai, Dec 24: The Bombay High Court on Wednesday came down heavily on the Brihanmumbai Municipal Corporation (BMC) for failing to keep air pollution in check, saying the civic body was “not doing anything” and was “turning a blind eye”.
The court also questioned how the BMC has granted sanction to over 125 construction projects worth more than Rs 1,000 crore in a “small city” like Mumbai, stating that the situation has now gone beyond the civic body’s control.
Court warns BMC against granting further construction permissions
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad warned the BMC that it would pass orders restraining it from granting any further permissions for construction if the air pollution situation persists in the city.
Judges question scale of construction approvals
“How can 125 projects worth more than Rs 1,000 crore be sanctioned in such a small city? That is a lot. Now the situation has gone beyond your (BMC) control. Now you are not able to manage things,” the High Court said.
Court stresses need for preventive, not remedial measures
The judges also asked the civic body to strengthen its mechanism in such a way that the measures are “preventive” in nature and not “remedial”.
‘You are not doing anything,’ court tells civic body
Chiding the civic body, the High Court said: “You are not doing anything. Minimal you are not doing. You don’t have an inclination and plan (to reduce air pollution). This shows you have not applied your mind at all on how to apply court orders and rules.”
BMC has powers but no enforcement mechanism, says HC
The court emphasised that the civic body has ample powers to initiate action against violators, but has no mechanism to implement it. The court reminded the BMC that it has 28-point guidelines; however, the same were not being strictly implemented.
Issuing notices alone not a solution, court observes
When BMC counsel S U Kamdar said they have issued show-cause and stop-work notices, the court quipped that issuing notices was “not a solution”.
Continuous monitoring needed, says bench
“Why should this situation arise, that someone is free to violate norms and then you issue a notice? Then take action? This must be preventive and not remedial,” the bench said, adding that there should be constant monitoring.
Limited inspections cited, election duty questioned
Pursuant to Tuesday’s directions, the BMC said 39 of its special squads, out of 91 squads, visited 39 sites since 2 pm on Tuesday. On a court query, Kamdar said that the remaining officers of the special squads were not available as they were on election duty.
HC asks BMC to seek exemption from Election Commission
Taking a dim view, the judges said that the BMC should write to the Election Commission and seek exemption for these officers. “If all were on election duty, then you should have made an application to the Election Commission stating that this is an important issue and the court is seized of the matter,” the bench said.
Vanashakti remarks on priority of right to life
To this, senior advocate Janak Dwarkadas, representing NGO Vanashakti, remarked: “Right to life is subservient to election duty.”
Court pulls up BMC for non-implementation of guidelines
The court emphasised that the civic body was not exercising its wide powers and had failed to come up with a proposal for immediate implementation.
“We are telling you, you are not doing anything. You have wide powers. You are not exercising them. You have 28-point guidelines. You are not implementing them. That’s why we are berating you for the last half an hour,” the court said.
HC summons BMC commissioner for personal presence
Irked with unsatisfactory answers and the absence of an immediate action plan, the High Court asked the BMC commissioner to remain personally present in court at 4 pm. The matter had been taken up for hearing at 11 am in the first session.
BMC outlines action plan after court’s intervention
Gagrani later informed the court that the special squads would inspect a minimum of two construction sites per day and take necessary action. He also said that the BMC plans to take strict action, including prosecution, for repeated non-compliance despite stop-work notices.
Court acknowledges steps proposed by civic chief
After Gagrani informed the court of steps to be taken in the next 15 days, the court remarked: “They are doing a lot and he himself (Gagrani) is committed to it.”
The bench said the squads should be provided with body cameras and GPS devices.
MPCB reports action against RMC plants
Maharashtra Pollution Control Board (MPCB) counsel Ashutosh Kumbhakoni informed the court that officers have conducted surprise visits at several RMC plants. Following the flouting of norms, the authority has confiscated Rs 5 lakh guarantees of some of these plants.
Next hearing scheduled in January
The bench posted the matter for further hearing on January 20.
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BMC’s action plan for the next 15 days
. 94 ward-level squads deployed to enforce 28-point air pollution guidelines; each squad to inspect at least two construction sites daily.
. Ward assistant commissioners to inspect one pollution hotspot daily; deputy municipal commissioners to conduct weekly site inspections.
. Strict action, including prosecution, for repeated non-compliance despite stop-work notices.
. Sensor-based air quality monitors to be installed at all remaining construction sites.
. Geofencing of wards and VTMS-enabled tracking of all squads for central monitoring.
. Deep cleaning drive underway using over 40 water tankers, with further intensification planned.
. Electric road sweepers’ operation to be increased from 8 to 12 hours daily for better dust removal.
. Mandatory road cleaning by developers around construction sites, with distance linked to site size.
. Daily ward-level reviews, weekly reviews by the additional municipal commissioner, and fortnightly reviews by the municipal commissioner.
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