Mumbai: Asking the BMC and MPCB to take serious steps to curb the spiraling air pollution in the city , the Bombay High court said it does not want construction or development to stop, but want compliance.
Observation Made By The Bench
“We don’t want work to stop. We want compliance. You have failed to do so,” a bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad said.
It warned the authorities that if air pollution was not curbed now then it would become impossible to control it. “If all goes out of hand then nothing remains within your control. We have seen that in the last 45 years,” remarked the bench.
The court nudged the authorities to look at the issue as a citizen of the country and not just as an authority. “Apart from being an officer of the court, you are also a citizen. Protecting the encampment is your fundamental duty,” the bench reeked.
The court has asked BMC commissioner Bhushan Gagrani and MPCB secretary M. Devendra Singh, who were present in the court, to come up with solutions before things go out of hand. The court, on Monday, has asked the duo to personally explain “inaction” on the part of the officers concerned to ensure strict compliance of pollution mitigation guidelines.
“Please come with suggestions. It won’t work like this. As a citizen you have duty. You have a fundamental duty, the bench reminded the senior authorities.
The court had taken suo motu (on its own) cognisance of the rising pollution and expressed concern over the “deteriorating” air quality index (AQI). Ever since the court has been monitoring the situation and issued various directives to the authorities.
The court emphasized that the authorities have failed to act despite repeated orders and there are more breaches than compliances. .
The court said: “After hearing amicus and counsels at length, we think that a lot more has to be done by the BMC and MPCB. So called monitoring by them does not find approval of this court. The repeated directions issued by this court and undertakings given by BMC / MPCB are observed more in breach than in compliance.”
The court pointed out that the MPCB had said on November 2, 2023 that “it is the responsibility of the BMC commissioner to ensure strict compliance of air quality”. It then grilled the BMC chief on whether he personally conducted surprise visits and initiated any action against the offenders.
BMC counsel SU Kamdar said that the commissioner went in surprise inspections on two occasions in mid November. He said that the corporation has issued 433 show cause notices for noncompliance of guidelines and 148 stop work notices, since November.
To this , the chief justice remarked that the civic body had failed to monitor basic minimum compliances required by project proponents.
“All these three and four, minimum measures which is required, are not monitored by you. There is no monthly or weekly report before you. There is nothing it seems,” the bench marked.
When Kamdar said that of the 1,000 sensors, 895 are working and 675 are relaying data real time, the bench questioned the civic body on steps taken.
“There is serious objection to your conduct. That you wake up only after we take up matter;” the bench said.
Citing his personal example, the CJ said only at one construction site, they see metal sheet and green cloth as mandated. “We see at least 20-25 construction while traveling the city. And we don’t travel much,” CJ said.
Kamdar added that out of 35 projects works at 28 sites were stopped and show cause notice was issued to three sites.
The court added: “This is just a minor fraction of entire pollution indicators. Tip of the ice berg.”
Emphasizing that right to life was applicable to all, including the poor, the court asked MPCB whether it had issued advisory at construction sites for workers' health.
“You have to issue an advisory for project proponents so that workers' health are not affected. They are exposed to serious health threats. You don't care of the poor,” the bench said.
MPCB counsel, Ashutosh Kumbhakoni, said he would take instructions since this issue was raised for the first time. “At least give them a mask. This is common sense. Right to health is a fundamental right,” quipped the judges.
Kumbhakoni assured the court that the MPCB will come back with certain suggestions to protect the health of constitution workers.
The HC has kept the matter for further hearing on Wednesday. BMC commissioner and MPCB secretary have been again asked to remain present for the hearing.
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