Mumbai, Dec 15: The Bombay High Court on Monday declined to grant an urgent hearing to an application filed by a consortium of developers seeking to intervene in an ongoing public interest litigation (PIL) concerning air pollution in Mumbai and its suburbs, observing that it would first examine the extent to which developers were themselves in breach of pollution-mitigation norms.
‘We Would First Like to See How Much of You Are in Breach’
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad remarked, “We would first like to see how much of you are in breach,” while addressing submissions made on behalf of the developers’ association.
Developers Cite Lack of Sensors as Hurdle
The developers had contended that compliance with court-mandated sensor-based air quality monitoring was not feasible, as the Brihanmumbai Municipal Corporation (BMC) had authorised only 13 vendors, who were allegedly unable to supply sufficient sensors.
Court Stresses Solutions Over Affidavits
The court, however, emphasised the need for solutions rather than repeated affidavits, stating, “A proper solution has to be found instead of filing affidavits.”
Independent Committee Report Ready
During the hearing, senior advocate Darius Khambata informed the court that a report prepared by the court-appointed independent committee was ready. The bench noted that the committee had visited at least 36 sites with poor Air Quality Index (AQI) readings and directed that the report be circulated by Tuesday.
Committee Conducted Site Visits Across Mumbai, Navi Mumbai
The committee, constituted on November 28, comprises officials from the BMC, Maharashtra Pollution Control Board (MPCB), the public health department, and two advocates. It conducted site visits between December 6 and 13 across Mumbai and Navi Mumbai, including Ready Mix Concrete (RMC) plants. The committee had also held meetings with the BMC after identifying high-AQI zones.
Court Reiterates Focus on Accountability
The court noted that affidavits had been filed by both the BMC and MPCB and reiterated its focus on accountability. “Let us find out some solutions,” the bench said, adding, “Let us be responsible citizens.”
The matter has been listed for further hearing on December 22 at 4 pm.
Pollution Impact on Child’s Health Mentioned
An advocate mentioned a petition by a mother whose child is suffering from breathing-related ailments, stating that doctors had said the child’s lungs were not developing properly due to pollution.
To this, the Chief Justice remarked that the court would provide medical assistance. When the advocate said the prayer was not for medical assistance but sought accountability, the bench reiterated that monitoring and compliance remained central issues.
BMC Lists Measures Taken to Tackle Air Pollution
In its affidavit, the BMC detailed a series of measures undertaken for air pollution mitigation, including sensor integration, issuance of stop-work notices under the Graded Response Action Plan (GRAP), transition of bakeries to cleaner fuels, deployment of electric buses, dust mitigation units at critical junctions, and operation of construction and demolition waste processing facilities.
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Matter Listed for Further Hearing
The court said it will examine the committee’s findings before considering further directions, keeping the matter for hearing on December 22.
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