Observing that “lives of Mumbaikars are more important” and that construction dust was a major cause of air pollution, the Bombay High Court has banned transportation of debris from construction sites for the next four days.
The court has warned that in case the air quality does not “substantially improve” in the next four days then it will impose a total ban on plying of all vehicles carrying construction Debris during Diwali.
Limits on firecracker bursting
In addition, a division bench of Chief Justice DK Upadhyaya and Justice Girish Kulkarni has also said that fire checkers will be burst only between 7pm and 10pm during the Diwali festival.
The HC said: “No construction debris is to be carried or transported to or out of the construction site. It Shall be ensured that all construction material shall be transported to the construction site in fully covered trucks or mixer plants.”
The HC had taken suo motu (on its own) cognisance of rising air pollution and deteriorating air quality in the city.
The court had initially proposed to stop plying of all vehicles carrying construction Debris during Diwali.
However, advocate general Birendra Saraf and BMC counsels Milind Sathe and Joel Carlos, urged the court not to impose a total ban since it will bring a complete halt to all construction activities, including the infrastructure projects, in the city.
Heavens will not fall if coastal road work stopped: HC
“Heavens are not going to fall if the coastal road work is stopped for a week. Lives of Mumbaikars are more important. This (construction dust) is the major cause… So far as mixing of dust in the air is concerning,” CJ quipped.
Saraf and Sathe said that the court may say that it must be transported in a covered vehicle.
“Can anything be more cascading than public health? (It is) Only till Friday. We will monitor AQI,” CJ added.
When Sathe suggested that the pollution was everywhere and one of the reasons was that the wind speed had fallen, the CJ said: “We don’t have control over wind. We are living on this earth. We have created this situation. Depending on nature won’t do.”
The court had said that the Mumbai Air Pollution Mitigation Plan prepared by the BMC in March 2023, shall be implemented by all concerned in its “true letter and spirit”. The court has said that to ensure compliance of the said plan, the BMC commissioner and assistant commissioner of each and every ward shall be “personally liable and responsible and accountable” to this court for non implementation.
Even as Saraf and Sathe insisted that they are taking all necessary steps to mitigate the air pollution, the court remarked that the guidelines and actions plans were on paper and nothing was seen on the ground.
Apart from erecting metal sheets at construction sites, the HC has said that water will be sprinkled at regular intervals at these sites. Also, the piles of debris shall be covered or water will be sprinkled on them.
Besides, the court had aid that authorities shall ensure that there is no burning of waste in open space, especially in dumping sites.
The traffic department has been directed to strictly implement the emission norms from the vehicles as per the Motor Vehicles Act and its Rules.
HC's view on bursting firecrackers
The court said it was not imposing a ban on bursting of firecrackers and it was for the citizens to decide. It added that there were other issues involved in considering the plea to ban bursting of firecrackers including the rights of citizens under Article 25 (right to freely practice, profess and propagate religion, subject to some restrictions). “Therefore we are proposing some time limit. The citizens have to decide now,” the Bench said.
“We have to make a choice. . Either we have a disease free environment or burn firecrackers and celebrate the festival… We have to take a call. Entire city is being affected in this manner,” said Justice Kulkarni.
“Municipal corporations and police administration shall ensure that bursting of firecrackers take place between 7pm to 10pm. We have issued this direction in view of National Gteen Tribunal order and Supreme Court order of Nov 12, 2020,” the bench added. The said orders had imposed a total ban on bursting of firecrackers in Delhi in 2020 in view of the rising pollution there at the time.
The court had clarified that the ward officer concerned shall be responsible for the lapse in the implementation of the action plan.
"We also direct commissioners of BMC and MMR shall not only supervise overall steps to be taken but also identify officers responsible for lacunae in implementation of action,” the bench emphasised.
In addition, the HC has formed a two member committee comprising of of a senior officer from National Environmental Engineering Research Institute (NEERI) and the director of health services of the state government to supervise and monitor action of all municipal corporations on daily basis.
The municipal corporations have been directed to submit daily report.
While keeping the plea for hearing on November 10, the HC has directed that all municipal commissioners of BMC and MMR file personal affidavits on steps taken.
Senior advocate Darius Khambata, who was appointed as amicus curiae to assist the court said that there was a need to work out short term, medium term and long term plans to curb the air pollution.
“It has become a question of life and death. Fundamental right to life is affected. We not only owe to present generations but also to future generations,” Khambata said while submitting a note in suggestions.
The court has directed home department’s chief secretary, ministry of environment and public health’s chief secretary, medical education secretary, CPCB, MPCB and commissioners of BMC and Mumbai Metropolitan Region be added as respondents to the plea.
HC directions —
1. The Mumbai air pollution mitigation plan proclaim by BMC in March 2023, shall be implemented by all concerned in its true letter and spirit. To ensure compliance of said plan, we direct that it shall be personal responsibility of bmc commissioner and assistant commissioner of each and every ward shall personally liable and responsible and shall be accountable to this court for non implementation of the said plan.
2. Metal sheets are erected of sufficient heights to ensure the dust from construction sites is not spread in the air.
3. To suppress dust generated at construction sites, BMC shall ensure that regular continuous water sprinkling is done by the project proponents of the construction.
4. Municipal Corporations shall also endorse that storage of piles of debris at construction sites are properly covered and debris cleared in terms of guidelines of the BMC and CPCB.
5. No construction debris is carried or transported to or out of the construction site. It Shall be ensured that all construction material shall be transported to construction site in fully covered trucks or mixer plants.
On the next date if the air quality try is not substantially improved the. Court will pass an order to ban transport of construction material in and out of site.
6. Authorities shall endorse that no burning of any waste is done in open areas especially in dumping sites where bmc dumps.
7. Traffic department police shall strictly implement emission norms as per the MV Rules framed there under.
8. Municipal corporations and police administration shall ensure that bursting firecrackers takes place between 7 pm to 10 pm. We have issued these in view of NGT order and Nov 12, 2020, by SC.
Certain immediate measures required to be taken as suggested by amicus curiae Darius Khambata
1. Emission of continued dust during construction sites. More than 20 meters tin shed to constructed.
2. Water sprinkling. Recommended by CPCB suggested in Nov 2017. They say just sprinkling water in not enough as it evaporates in 10-15 mins. Some chemical has to be mixed to make it last.
3. Anti Smog guns and dust mitigating steps at Large construction sites.
4. Storage and debris at construction sites. They are just left open and wind picks up and it is carried to the city. Required to be covered. Chemically treated. BMC said it must be cleared within 24 hours.
5. Cover trucks carrying debris as recommended by the BMC and CPCB.
6 Burning of waste. NGT said there should be no burning of solid water, Transportation to dumping sites and it should be treated scientifically.
7. Plants, factories, chimneys emitting pollution in excess of prescribed standards must be shut down temporarily.
8. Strict implementation of emission norms in vehicles.
9. Nodal offices be made incharge of implementation.
