Mumbai: The Bombay High Court on Wednesday came down heavily on the Brihanmumbai Municipal Corporation (BMC) for failing to keep air pollution in check saying the civic body was “not doing anything” and
was “turning a blind eye”.
Observation Made By The Court
“You are not doing anything. Minimal you are not doing. You don’t have an inclination and plan (to reduce air potion). This shows you have not applied mind at all on how to apply court orders and rules,” a bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad.
The court emphasized that the civic body has ample powers to initiate action against violators, but has no mechanism to implement it. The court reminded the BMC that it has 38-point guidelines, however, the same was not being strictly implemented.
When BMC counsel SU Kamdar said they have issued show cause and stop work notices, the court quipped that issuing notices was “not a solution”.
“Why this situation should come, that someone is free to violate then you issue notice? Then take action? This must be preventive and not remedial,” the bench said adding that there should be constant monitoring.
Pursuant to Tuesday’s directions, the BMC said 39 of its special squads, out of 91 squads, visited 39 sites since 2pm yesterday.
On a court query, Kamdar said that the remaining officers did the special squad were not available as they were on election duty.
Taking a dim view, the judges said that the BMC should write to the election commission and seek exemption for these officers. “If all were on election duty then you should have made an application to the election commission that this is an important issue and court is seized of the matter,” the bench said.
To this, senior advocate Janak Dwarkadas, representing NGO Vanashakti, remarked: “Right to life is subservient to election duty.”
The court emphasised that the civic body was not exercising its wide powers and failed to come up with a proposal for immediate implementation. “We are telling you, you are not doing anything. You have wide powers. You are not exercising it. You have 38-point guidelines.
You are not implementing it that’s why we are berating it since half an hour.”
Since the BMC failed to give a plan for immediate implementation, the HC has kept the matter for hearing again at 4pm today when the civic body is expected a plan for the next weeks to bring down air pollution.
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