“We Cannot Always Rely On God For Winds, Show Some Will To Clear Air Pollution”: Bombay High Court Tells BMC, Maha Govt

The Bombay High Court on Friday while expressing displeasure over the 'harsh' air pollution in Mumbai, told the authorities that they cannot rely on the God for winds to clear the air and instead the authorities need to show some 'will' to cut down the air pollution in the city. 

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Girish Kulkarni expressed displeasure over the hardly any efforts shown by the State authorities in taking positive measures to curb pollution in the city.

The judges, were hearing a suo motu PIL regarding the deteriorating air quality of the cosmopolitan.

"The Air quality getting very harsh day by day...," Justice Kulkarni, remarked at the outset, further adding that the city is facing serious air pollution problems and that the authorities only work when some order is passed by the courts. 

The bench pointed out that the pollution usually kickstarts from Diwali season and then other issues like the ongoing construction works across the city, the traffic congestion etc add to the worsening air. 

"Madam, this is a serious matter uncontrolled traffic is directly affecting air pollution. Thousands of cars are emitting smoke and adding to existing pollution... Traffic department must work in tandem with civic body so that there is no pollution due to traffic...Despite all these bridges and coastal roads etc... the traffic problem continues to be the same," Justice Kulkarni told Additional Government Pleader Jyoti Chavan, who was unable to give proper answers to the bench's queries. 

Further, Justice Kulkarni gave example of the traffic congestion on Western Express Highway (WEH) and explained how a citizen from Bandra, has to spend at least more than 2 hours only to reach Borivali.

"Similarly, from Bandra to Airport, one takes at least 1 hour to reach....This means there is no proper management of traffic... And all this traffic is nothing but adding to pollution... Metro work on the WEH....all these multiple agencies aren't accountable to the people but it is the authorities," Justice Kulkarni remarked.

Speaking particularly about the western suburbs of Mumbai, the bench said the air quality there is 'worst' and that the visibility is very low.  

The bench further pointed out that though the State has been patting its back by closing all the Tolls for cars on all the entry points in Mumbai, it however, has not been of any help to reduce congestion on roads. 

"Despite making toll free for cars, you have all barriers for the cars. You should remove toll nakas from there so that cars can go fast... Tolls must be only for heavy vehicles rest other vehicles must be allowed to pass through... The barriers are adding to the traffic...This removal of toll hasn't made any difference... Still jams take place... What's the use? Carbon emissions continue adding to pollution..." a visibly irked Justice Kulkarni observed.

The judges, therefore, suggested the Transport Commissioner and also the Traffic Commissioners to personally visit the ground and check the situation as most of the work has been 'left' on the constables.

Further, the bench asked advocate Joel Carlos, who represented the Brihanmumbai Municipal Corporation (BMC) to ensure that the 'sprinklers' are working properly and efficiently, especially in areas, which are densely polluted. 

"Pollution from industries will have been to strictly looked into by the Maharashtra Pollution Control Board (MPCB)... Dust due to construction work should be looked after... Traffic department to take care of traffic pollution...There has to be a will to do something," the bench underscored.

When Carlos, tried to submit that some part of the Coastal Road at the fag end towards Bandra is still underway and thus the traffic (till Borivali), the bench said it does not want to know what will happen in future and is only concerned with the present.

"How many children, elderly citizens are suffering? We are on that not on what happens in future... This is a situation of emergency...From the Marine Drive, we cannot see the buildings on the other side...We cannot always rely on the Almighty for winds..." Justice Kulkarni observed.

The judges, adjourned the hearing in the matter till re-opening of the High Court after Christmas and New Year break.

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.