Audited 191 ‘red category’ industries in MMR: MPCB tells HC, court seeks effective steps

After the MPCB submitted that it is also taking steps to upgrade monitoring of Air Quality Index (AQI) levels, the  court said that it is an ’emergent situation’ and ‘it goes without saying’ that equipment has to be updated with change in technology and the MPCB does not have to wait for court orders on the same.

The bench said that  ‘hotspots’ can be identified only through efficient monitoring of air pollution levels and only then the authorities can take corrective and preventive measures to deal with the issue.

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Girish S Kulkarni was hearing a 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.

In March, this year, HC directed MPCB to initiate a rigorous air pollution audit of industries in MMR and said in the first phase, pollution audit of red-category industries can be undertaken.  The MPCB had submitted a road map for the audit to be completed in fifteen months.

On Thursday, Senior advocate Darius Khambata, appointed as amicus curiae to assist the court, referred to a news report on UNICEF findings of deaths of several people including children due to air pollution and said that the ‘common man was facing the brunt of air pollution’.

He said that MPCB’s action was inconsistent with the previous HC orders and insufficient to address the menace. He also said that there was confusion on how many monitoring stations were required for Mumbai and MMR and MPCB should clarify as to whether the number of present stations were as per guidelines of its central authority. Senior advocate Janak Dwarkadas for intervener Stalin Dayanand of  NGO Vanashakti said that identifying pollution hotspots was essential.

Justice Kulkarni said that hotspots are easy to identify “as on certain days, the moment you cross Bandra-Worli sea link while travelling to suburbs, the air appears to be hazy.”

After perusing audit reports of certain industries submitted by MPCB, Justice Kulkarni remarked, “In every industry, depending on its category, there are very specific pollution control devices. What are those equipment and are they operational? what is their status, how are they performing? In one of the chemical industries, pollution control devices are different. Whether they are functioning and whether emissions are controlled.  We want to know if these reports are realistic. We do not want just data. It should be done. This is greater justice.”

Additional Government Pleader Jyoti Chavan for state government also submitted that the MPCB has initiated third-party audits of industries, which the bench termed as “welcome step.” She also added that funds have been sanctioned for upgraded mobile vans for monitoring air quality levels.  She also submitted that in all likelihood the final decision on appointment of additional staff required for conducting audits and staffing patterns based on previous HC order will be taken by July 15.