Mumbai, Dec 22: Expressing strong displeasure over the failure of civic and pollution control authorities to effectively curb air pollution, the Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC) Commissioner Bhushan Gagrani and the Member Secretary of the Maharashtra Pollution Control Board (MPCB) to remain personally present before it on Tuesday.
Suo Motu PIL On Deteriorating Air Quality
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad passed the direction while hearing a suo motu public interest litigation concerning deteriorating air quality in Mumbai and its surrounding areas.
“We direct the BMC commissioner and the MPCB secretary to remain present in court on Tuesday. First on board,” the bench said, refusing to grant any additional time sought by the BMC.
Court Flags Violations Even At Proposed HC Site
During the hearing, the court questioned whether even the proposed new Bombay High Court site was contributing to air pollution. When informed that violations had indeed been found at the site, the bench remarked, “No one should go scot-free,” and asked the authorities to issue notices to concerned persons. The court also sought clarity on which authority — BMC or MPCB — was primarily responsible for monitoring compliance.
Committee Report Shows ‘Complete Lack Of Monitoring’
The observations came after the bench was taken through portions of a 245-page report submitted by a court-appointed committee. Senior advocate Darius Khambata, who is appointed as amicus curiae (friend of the court), submitted that the report revealed a “complete lack of monitoring” at pollution-prone sites, with several locations failing to adhere to guidelines issued by both the BMC and MPCB.
HC Seeks Personal Explanation For Inaction
“We have formed, prima facie, the opinion that the municipal corporation and the member secretary of the MPCB should personally explain the inaction on the part of the concerned officers,” the bench observed while asking the BMC commissioner and MPCB secretary to remain present personally. It also noted that steps taken by authorities came only after the court took suo motu cognisance of poor air quality.
44 Sites Inspected Across Mumbai And Navi Mumbai
The state-appointed committee, pursuant to HC directions, inspected 44 sites across Mumbai and Navi Mumbai, including Deonar, Navy Nagar, Sion, Worli, Bandra Kurla Complex (BKC), Mulund (West), Mazgaon, Kandivali (East), Byculla, Borivali, Chakala, Andheri (East) and Colaba.
The report flagged discrepancies in AQI readings displayed on the government’s Sameer App, stating that the differences between official data and third-party applications appeared “substantial”.
Grave Violations At Proposed Bombay HC Complex Site
As per the report, the committee found grave violations at the Government Colony, Bandra East demolition site for the proposed Bombay High Court complex. Large-scale demolition was carried out with no dust-control measures, leaving debris and dust openly exposed. There were no barricades, wet coverings, sprinklers or smog guns. Gas cylinders were used for steel cutting in open areas abutting public spaces, creating serious safety and fire risks, the report said.
Unregulated C&D Waste And Zero Monitoring
The proposed HC site lacked tin sheets, tarpaulin or jute coverings, and had no air quality monitoring devices. C&D waste was transported in uncovered vehicles, dispersing dust onto public roads. No CCTV cameras, tyre-washing facilities or supervisory mechanisms were in place. The committee described the demolition as “extremely negligent and dangerously unregulated”, posing immediate threats to public health, safety and ambient air quality.
.BKC, Metro And Bullet Train Projects Also Non-Compliant
At BKC, inspections at the Bullet Train project, an RMC plant and Metro Line 2B revealed multiple violations of dust mitigation norms. Despite claims by the BMC and MPCB that construction activity contributes relatively little to Mumbai’s air pollution compared to road dust and vehicular emissions, the committee found widespread non-compliance with the BMC’s 28-point mitigation guidelines.
Road Works Show Near-Total Non-Compliance
Significantly, the committee conducted an incognito inspection of various road repair and construction works around the Bombay High Court, in Colaba market, Nariman Point and Kalbadevi. It observed that “none of the checklist points that could have applied for road work were in compliance”, save and except at very few places where green cloth was used to partially cover the road works.
The committee also observed that even while carrying out road-digging activity near the Bombay High Court, “no precaution of any kind to curb the pollution was taken”.
HC Monitoring Pollution Since October 2023
The court had first taken suo motu cognisance of the issue on October 31, 2023, expressing concern over the “deteriorating” AQI. A month later, it constituted a committee comprising an environmental expert, an IIT expert and a retired principal secretary. Since then, the HC has been closely monitoring the situation and issuing directions to authorities to ensure compliance and protect public health.
Violations at BKC site
The committee conducted an independent inspection of the demolition activities at the Government Colony, Bandra East, where the new High Court of Bombay is planned.
The demolition involved large-scale removal of existing structures, generating massive amounts of dust and debris which were scattered openly across the premises. There were no barricades, wet coverings, or dust-suppression mechanisms, including sprinklers or smog guns, in place.
Gas cylinders were observed on the pavement, being used for cutting and sawing steel, carried out in unenclosed spaces immediately adjacent to public areas, creating significant safety and fire hazards.
The site was completely devoid of tin sheets, tarpaulin or jute coverings, leaving debris and dust fully exposed to the surrounding environment.
No sensor-based or any form of air pollution monitoring devices were installed, eliminating any capacity for on-site air quality assessment.
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Vehicles transporting construction and demolition (C&D) waste were uncovered, allowing dust to disperse into public roads and residential areas.
No CCTV surveillance, tyre-washing facilities or any supervision to enforce mitigation or compliance were observed.
The committee found that the demolition activities were extremely negligent and dangerously unregulated, posing immediate risks to public health, safety and ambient air quality.
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