Mumbai: Observing that construction-related air pollution can be curbed if mitigation guidelines are properly implemented, the Bombay High Court on Friday constituted an independent five-member committee to conduct site visits and sought an action-taken report from the BMC and MPCB.
HC Forms Panel to Check Construction Pollution
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad formed the committee — comprising officials from the BMC, MPCB, the public health department, and two advocates — to visit a particular area with poor air quality and verify whether construction sites are complying with mandated pollution-control norms.
The authorities have been directed to provide logistics, security and ensure committee members are allowed entry to construction sites for short inspections.
Bench Calls for Review of Pollution Control Measures
The court also sought an action-taken report from the BMC and MPCB detailing the steps taken over the last year. “We believe that the official records regarding visits by special squads, installation of CCTV cameras and sensor-based air-pollution monitors at construction sites, permission for which has been granted by the BMC, shall be open for scrutiny — if possible by a team constituted by this court,” the bench said.
“Let us ensure that construction sites and dust pollution are tackled. It can be done immediately in 1–2 weeks. That would be some effective measures,” the bench added.
The court also said that instead of giving many directions that may create confusion, small steps can be taken to suggest how air pollution can be brought within permissible limits. The court emphasised that there is a need for a long-term plan which will take time, noting that Delhi has been struggling for 15 to 20 years.
HC Took Suo Motu Note of Rising Pollution
On October 31, 2023, the court had taken suo motu cognisance of rising pollution levels and expressed concern over the “deteriorating” air quality index (AQI). A month later, it formed an expert committee comprising an environmental expert, an IIT expert and a retired principal secretary. Since then, the court has been monitoring the AQI and issuing directions to the BMC and MPCB.
During Friday’s hearing, senior advocate Darius Khambata, the amicus curiae, pointed to the November 2024 order laying down 27 mandatory mitigation guidelines for construction sites, including installing CCTV cameras, sensor-based air-pollution monitors, and regular water sprinkling. Alleging that the guidelines are not being followed, he cited news reports stating that only 400 of the 1,000 construction sites have sensors and that 170 of those are non-functional. “They don’t have to have a knee-jerk reaction, but they need a concerted plan. There has to be long-term planning,” Khambata said.
Appearing for the BMC, senior advocate Milind Sathe submitted that the corporation has deployed 64 special squads to inspect construction sites and has issued stop-work notices to 53 sites. He added that the number of squads would soon be increased to 90.
Counsel Flags Lax Enforcement of Pollution Norms
“That is all only on paper,” countered senior counsel Janak Dwarkadas, appearing for NGO Vanashakti. He suggested imposing a mandatory condition at the IOD stage requiring developers to comply with all misting and pollution-control guidelines.
Khambata also flagged vehicular emissions as another major source of pollution. However, the bench was cautious: “Vehicular pollution can be dealt with easily and everyone knows what happens on road. We don’t want to pass any order which gives them a license to authorities. They will start impounding and they will start issuing challans. The orders should not lead to harassment of citizens,” it said.
Advocate Tushad Kakalia, for intervenor activist Zoru Bathena, alleged that the corporation was granting permissions for road construction while overlooking statutory requirements for compensatory plantation.
Calls for Health Advisory and Public Awareness Drive
Another intervention application, filed by Darpan Gupta, suggested issuing a pre-autumn health advisory as part of a public-awareness programme. Advocates Gulnar Mistry and Pooja Thorat urged education on the kinds of masks that protect against fine particulate matter.
A consortium of developers also moved an intervention application, stating that its members were unable to install sensor-based monitors because the BMC had authorised only 13 vendors, who were unable to supply adequate sensors.
Khambata noted that the earlier expert committee was expected to conduct regular visits to check compliance. However, the court said that committee was meant for technical evaluation and that it wanted an independent panel to assess ground reality. It then appointed the five-member committee.
The matter will be heard next on December 15.
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/
