The Bombay High Court delivered a scathing indictment of the Navi Mumbai Municipal Corporation’s approach to air pollution control, warning it may bar the civic body’s commissioner from drawing his salary
without prior court permission for what it termed a “belligerent disregard” of judicial orders.
A bench of Chief Justice Shree Chandrashekhar and Justice Suman Shyam observed that NMMC officials had persistently failed to comply with repeated court directions on pollution mitigation measures.
“There is a belligerent disregard and violation of this court’s order by the Municipal Commissioner, Navi Mumbai Municipal Corporation, against whom we propose to pass an order directing him not to draw his salaries till this order permits him to do so,” the bench stated in its order, signaling an unprecedented enforcement measure.
The court also expressed profound dissatisfaction with the Brihanmumbai Municipal Corporation’s response, cautioning that similar coercive steps could follow against its senior officials if compliance failures continued.
Action Only After Court Intervention
During the hearing, the bench delivered a stinging oral rebuke, observing that the BMC appeared to have initiated action only after judicial prodding.
“Only after the court’s order, you have started taking the steps. So what you have been doing since the last one year?” the court asked pointedly, adding, “We are not sitting here to take stock of the situation and seek a status report. This is your duty to ensure it.”
Flagrant Violations At Construction Sites
The high court was hearing a suo motu public interest litigation along with connected petitions highlighting deteriorating air quality in Mumbai and surrounding areas – a matter under judicial scrutiny since October 2023.
Referring to inspections conducted by advocate commissioners appointed by the court, the bench noted that 11 construction sites in the NMMC area were found flouting air pollution mitigation norms. More troublingly, the court found no indication that NMMC officials had even visited these violating sites.
“We do not find any indication in the affidavit filed by the City Engineer as regards even the visit by the officers or a team of officers of the NMMC to those 11 sites,” the court observed, highlighting what it viewed as a fundamental failure of administrative oversight.
No ‘Genuine And Sincere Effort’
In the post-lunch session, the bench announced it had reached a prima facie conclusion that there was “no genuine and sincere effort” on the part of the BMC to address air quality concerns, indicating that similar salary-related orders to those proposed against the NMMC commissioner could follow for Mumbai’s civic leadership.
The court also directed civic bodies to consider imposing exemplary penalties ranging from Rs 5 lakh to Rs 5 crore on violators, including construction sites failing to comply with pollution norms, to ensure meaningful deterrence.
“Violators must know crime does not pay,” Chief Justice Chandrashekkar stated, suggesting that the BMC seek court approval for “extra-statutory powers” to impose such substantial fines.
