The court was hearing a suo motu PIL on Mumbai’s poor air quality and non-compliance with pollution control norms at construction sites across the city.
During the hearing, amicus curiae Darius Khambata told the bench that there was “more than a slip” in compliance. "Six major public infrastructure projects and several road concretisation sites, including those in Bandra, were found violating pollution control guidelines," he told the court.
Adv Khambata reminded the court that on January 9, 2025, authorities were directed to ensure installation of AQI monitors at all construction sites within a month. However, the deadline was not followed and it was reported in November 2025 that several AQI sensors were not even linked.
As per BMC’s own data, Mumbai has over 1,900 construction sites, but barely 600 have complied with the AQI monitor installation guidelines. While the BMC claimed its flying squads regularly inspect sites, Khambata pointed out that the court-appointed panel detected non-compliance at 36 sites within just a couple of weeks.
The Bombay High Court Chief Justice questioned Commissioner Gagrani and asked him when was the last time he reviewed the situation. The BMC counsel informed the court that reviews were carried out on October 20 and 28.
Read more: Mumbai AQI: Bombay HC summons BMC chief and MPCB member-secretary over 'cosmetic' compliance
"When was the last time you stepped out of your office and carried out surprise visits in the city," the bench further questioned.
"Surprise visits were conducted in mid-November, though we don't recall the exact dates," the counsel replied.
The BMC further told the court that as of Monday (December 22), 895 AQI monitors were operational, while 220 were not relaying data. It added that inspections were carried out and show-cause or stop-work notices were issued in case of violations, with construction work at 148 sites stopped since November.
The bench, however, remained unconvinced. Questioning the effectiveness of enforcement, the court asked whether BMC flying squads had visited the 36 sites flagged by the panel. To this BMC assured that BMC flying squads will visit these construction sites today itself.
"We don’t want work and development to stop. We want compliance, and you (BMC and Maharashtra government) have failed to ensure compliance. We can see pollution with our naked eyes," the court remarked.
Turning to the Maharashtra Pollution Control Board, the court flagged non-compliance even at AQI monitoring stations and raised serious concerns about the health and safety of construction workers.
The bench pulled up Maharashtra government. "Construction workers are exposed to hazardous pollutants. You don't care about the poor? Do they have access to basic protective gear such as face masks and whether any health protection guidelines were in place?" it questioned.
Observing that air pollution recurs every year, the court stressed the need for long-term solutions. It has posted the matter for further hearing on Wednesday, December 24.
The Court directed the Maharashtra government to submit guidelines on protecting the health of construction workers and instructed the BMC to come up with concrete solutions to tackle air pollution, along with a detailed report, by December 24.
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