Very Alarming Situation: Bombay HC Calls For Pollution Audit Of Industries In Mumbai's Metropolitan Region To Tacke Air Pollution, Asks PCB To Submit Roadmap

The Bombay High Court on Tuesday directed the Maharashtra Pollution Control Board (MPCB) to consider conducting a pollution audit of all industries in the Mumbai Metropolitan Region (MMR) and submit a roadmap as to how the pollution audit can be conducted.

A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Girish Kulkarni, while hearing a suo moto PIL on air pollution in Mumbai, called the situation 'very alarming' and urged action to address the threat to public health.

The court explained that a pollution audit involves rigorous inspections of industries to ascertain compliance with emission norms, especially given that industrial emissions contribute significantly to air pollution in the region, accounting for 20-30 percent of pollutants.

Advocate General Birendra Saraf informed the court about a Government Resolution dated February 5, 2024, establishing a high-level committee to tackle pollution. Saraf said that the committee will have similar powers as the statutory commission to combat pollution in NCR. This has come in response to the court's earlier suggestion for a statutory mechanism similar to the one established for Delhi under the Commission for Air Quality Management in the National Capital Region and Adjoining Areas Act, 2021.

The court criticized the inadequacy of measures taken by public authorities overseeing major infrastructure projects such as the Bullet Train, Metro, Coastal Road Project, Trans Harbour Link, etc stressing that they cannot shirk their responsibility of ensuring a healthy environment for citizens. The court in December had ordered the Municipal Corporation of Greater Mumbai (MCGM) and MPCB to inspect seven public projects in Mumbai and take legal action against violators of pollution control norms.

During the hearing, Saraf submitted an affidavit from the MPCB detailing the findings of the inspection of the public projects as well as steps taken to comply with court directions. When Amicus Curiae Darius Khambata pointed out various non-compliances detailed in the affidavit with pollution control norms in the public projects, Saraf got irked, claiming that the authorities are working hard to combat air pollution and it is an ongoing process.

Saraf further said that the work done to address the issue is being ignored and only the non-compliances are highlighted. Khambata responded that pointing out what further requires to be done doesn't mean he is not recognizing the work that has been done till now.

Addressing this, the bench said, “Whatever you (public authorities) are doing, you are doing your job, your duty. So much has been done, but it is not enough. They (public authorities) can't shirk away from their responsibilities merely by saying that they have done enough. And admitting that no enough has not been done, that will not absolve them of their duty.”

The court, perusing the MPCB affidavit, noted shortcomings in addressing non-compliance issues in various infrastructure projects. It noted that a 25-foot-tall barricade was required to be put in the sites for the coastal road project and the bullet train project to shield the surroundings from dust. However, the barricades were found to be only 20 feet high in the inspection. The court questioned why MCGM and MPCB could not even ensure that a simple barricade of 25 ft is put up, that too in public projects carried out by public bodies.

The court highlighted other discrepancies at various project sites, including inadequate dust control measures, and non-utilization of pollution monitoring equipment.

The MPCB affidavit identified major sources of pollution in MMR to be road dust, vehicular emissions, industrial emissions, construction and demolition material, biomass burning and other sources.

The court said that more effective measures are required to effectively mitigate air pollution and protect public health, adding that it will shut down public projects if necessary to combat air pollution. In a previous hearing, the court had said that the Air Quality Index (AQI) should be brought down to below 50, considered 'satisfactory.'

Saraf also informed the court that a peer review of a joint 2021 report by IIT, CSIR, and NEERI has been completed as ordered by the court and MCGM has accepted the report. He said that the report is theory-based and doesn't just contain recommendations, and the state will consider how to implement it.

The court has kept the matter for further hearing on March 18, 2024 at 3:30 PM.

Case no. – Suo Moto PIL (L) No. 30257 of 2023

Case Title – High Court of Judicature at Bombay on its own Motion v. State of Maharashtra and Ors.