Air pollution during autumn months a recurring and persistent concern despite directives: HC

A bench of Chief Justice Shree Chandrashekhar and Justice Gautam A Ankhad passed an order on suo motu PIL and other pleas initiated and filed after noting various news reports, including the ‘Death by Breath’ series by The Indian Express which presented an ‘alarming scenario’ of air pollution, beginning in November 2023.

The court was told that a major portion of air pollution was contributed by construction dust and permissions for building and road constructions were granted ignoring statutory regime under the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975 that provides for compensatory planting of trees.

Among other submissions alleging lack of action by authorities to curb air pollution by the petitioners, one of the intervenors suggested that during or before the onset of autumn season, there must be a health advisory issued by the BMC and health department as awareness programme for Mumbai citizens to protect themselves from air pollution.

“After hearing the parties in this suo motu PIL, we find that despite repeated directions of this court, air pollution during the autumn months has now become a recurring and persistent concern,” the HC noted.

The panel will consist of four members including Anita Patil, Conservator of Forests, Sanjay Gandhi National Park and advocates Karan Bhosale, Namrata Vinod and Anant Mallya and will be assisted by the Maharashtra Pollution Control Board (MPCB) and Brihanmumbai Municipal Corporation (BMC).

The panel is tasked to identify areas within Mumbai and Navi Mumbai recording the highest AQI levels and undertake brief inspections of some of the construction sites and the industrial units which may be contributing the air pollution.

The HC directed it to further conduct verification of compliance with essential conditions under the guidelines such as covering sites with metal sheets and green tarpaulin, provision of water sprinklers for dust suppression, installation of CCTV cameras, and deployment of sensor-based air pollution monitors and air pollution measures taken by the undertakings.

The court clarified that the exercise concerned was to solely collect data and ascertain ground-level realities contributing to rising pollution levels and same “will assist in formulating long-term remedial measures” and members can device schedule to ensure maximum coverage. The panel will have to submit its report on or before next date of hearing on December 15.

The HC further asked the BMC to extend full cooperation to the panel through Assistant Municipal Commissioner of each ward and asked Shashank Bhore, Deputy Municipal Commissioner (Engineering), BMC to be nodal officer for the committee.

The court also directed the BMC and MPCB to file their affidavits indicating the immediate steps and long term measures proposed to be undertaken to ensure mitigation of air pollution and secure compliance with the existing guidelines and regulations.