Air pollution during autumn months a recurring and persistent concern despite directives: HC
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.
The HC on November 28 passed an order directing formation of a committee to inspect some construction sites in Mumbai and Navi Mumbai to review whether earlier guidelines issued were complied with or not.
The Bombay High Court recently observed that despite several directions and guidelines issued by it to curb air pollution in Mumbai and surrounding areas, the same during autumn months has become a recurring concern.
The HC on November 28 passed an order directing formation of a committee to inspect some construction sites in Mumbai and Navi Mumbai to review whether earlier guidelines issued were complied with or not. The detailed order was made available on Monday.
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).
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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.
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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.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
