Mumbai Air Pollution | High Court Directs BMC And MPCB To Jointly Inspect Major Public Projects For Compliance With Pollution Control Norms

“We direct that the MCGM and the Pollution Control Board shall carry out a joint inspection of the 7 sites and immediately take requisite steps, pass orders and ensure that all the norms at these sites at least are followed. In case any of the stakeholders at these sites is found to be non-compliant, legal action shall also be taken by MCGM and MPCB”, a division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Girish S Kulkarni said.

The court was hearing a suo moto PIL on air pollution in Mumbai. Amicus Curiae, Senior Advocate Darius Khambata, drew attention to a news report highlighting the seven public project sites of the Municipal Corporation of Greater Mumbai (MCGM) which generated dust and caused air pollution. These sites are - road concretisation at suburban Bandra and Khar, the bullet train site at BKC, the Versova-Bandra sea link project, the Mumbai Metro-III, the Mumbai Coastal Road and the Mumbai Trans Harbour Link.

The court noted that while the Air Quality Index (AQI) has decreased, it is still at a “moderate” level in most areas which is higher than desired. The court emphasized the necessity of bringing the AQI down to at least 50.

Senior Advocate Janak Dwarkadas, representing NGO Vanashakti, pointed out that for several wards, there is either no AQI data or insufficient data available. He further submitted that merely measuring AQI is not sufficient, and pollutants such a PM2.5, PM10, SO₂ and NO need to be monitored.

Senior Advocate Milind Sathe for BMC informed the court that there are 29 monitoring stations in Mumbai out of which 15 are installed by MPCB, 9 by an NGO Safar and 5 by the BMC.

The court directed the MPCB to ensure accurate AQI data collection. The court also directed both the CPCB and MPCB to file affidavits by higher-level officials detailing their plans for measuring and monitoring air pollution. These affidavits must disclose how the air pollution is being measured, the number of instruments deployed by each board, whether they are sufficient, how many instruments are required etc.

The court directed the creation of a dedicated complaint mechanism for pollution with a mobile app which not only lodges complaints but also reflects action taken on the complaint.

The court further directed the state government to consider and take a decision on a 2021 report titled Report Of The Committee For Identification Of Policy Measures For Reduction Of Road Transport Emissions Within Mumbai Metropolitan Region within eight weeks.

The committee consisted of 13 members from MMRDA, the Traffic Police, the Transport Department, NEERI, automobile manufacturers, and experts from IIT Bombay. It gave a detailed action plan for vehicular pollution and the problems caused by vehicle exhaust. The court pointed out that this committee had members from all stakeholder bodies and directed the state to intimate its decision providing reasons in case the suggestion is rejected.

The court also strongly reiterated its 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.

“What about having a permanent statutory body? We have seen the report of experts. They have suggested certain measures including removal of old vehicles. But these steps can't be implemented in parts. We need to have a comprehensive plan. Ultimately you have to find a final solution so that every year every six, four months people don't come to court and we have to take suo moto cognizance”, Chief Justice Upadhyaya said.

Advocate General Birendra Saraf said that it is a policy decision to be taken via new legislation which will take some time. He highlighted that the relevant officers are currently in Nagpur for sessions.

Saraf assured the court that concrete steps would be taken, and the court set the next hearing for February 6, 2024.

Case no. – Suo Motu Public Interest Litigation No. 3 of 2023

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