‘Air pollution situation drastic’, ‘Let’s not become Delhi, let’s remain Mumbai’: HC revises timings for bursting crackers from 8 pm to 10 pm

Earlier, the HC had set a time limit from 7 pm to 10 pm. The court also said that as far as transportation of construction debris was concerned, there will be a ban till November 19 as per its earlier order. The respective corporations will take a call on the same thereafter in case of substantial improvement in air quality. The HC had, however, permitted “fully covered” vehicles carrying construction material to ply in the city and surrounding areas.

“Considering present pollution levels, we do not feel appropriate to modify the condition (related to debris) as requested by the BMC counsel and the same will continue till November 19,” the bench said.
Advocate General Birendra Saraf, for the state government, said that the cognisance taken by HC had surely made all agencies get into action and to comply with the guidelines in effective manner and CM Eknath Shinde had called a meeting of all concerned officers who are now answerable.

After AG Saraf said that Thursday’s AQI levels had shown great improvement, CJ Upadhyaya remarked, “Thanks to the rains! This pollution problem is not confined to this year’s October and November. This will recur now and last year it happened for the first time in Mumbai. In the case of BMC, if it was proactive before the matter was taken up by the court, the situation would have been better. Some measures have to be done.”

After the lawyers said that Mumbaikars should be applauded for their restraint on bursting crackers during the festival, CJ Upadhyaya said, “Let’s not become Delhi. Let’s remain Mumbaikars.”

The bench said that it was not an expert on the issue and had passed interim directions in view of the present situation and once an expert panel conducts study on causes of air pollution and a plan is prepared, there can be a constant monitoring system in place. “So far as the present situation is concerned, perhaps something more needs to be done,” the bench said.

It also asked if there was any study available on causes of pollution since many hospitals were flooded with patients including children with respiratory illness.

The bench was hearing suo motu PIL and other pleas seeking urgent redressal of the issue of deteriorating air quality in Mumbai and surrounding areas by the authorities for ‘welfare’ of residents. The HC had initiated suo motu PIL noting that various news reports in recent weeks, including the ‘Death by Breath’ series of The Indian Express, present an ‘alarming scenario’ of air pollution. It had directed curbs related to bursting of firecrackers and vehicles carrying construction material and debris during the last hearing.

The HC noted that the Supreme Court had prohibited use of barium and other banned chemicals in firecrackers and same applied across the country. The bench noted the SC order also directed prohibition on sale of banned firecrackers and in case of violation, made Station House Officers (SHOs) of Police personally liable and had noted non-compliance would amount to contempt of court. The HC reiterated the apex court order and said that same be implemented in the state in effective manner.

The HC also questioned if there was any mechanism available to check at the manufacturing level and later if banned firecrackers with hazardous materials are made available in the market and if action can be taken against them. CJ Upadhyaya further said, “Is there any firecracker with QR code in the market as per directives? We want some measures so that the situation does not get worse and not just for the next two-three days.”

The court modified its order and appointed a committee comprising of expert in the field of environment and air pollution nominated by Director of NEERI and another exprert from IIT-Bombay along with retired officer of the government of not less than Principal Secretary rank to oversee the issue and asked the municipal commissioner to submit a daily report to the said panel. The committee will prepare weekly reports along with its comments and the same shall be submitted to the court before the next date of hearing.

The HC also requested AG Saraf to consider forming a legislative and statutory regime similar to the statutory commission appointed with wide ranging powers for NCR-Delhi to identify and resolve problems related to poor AQI levels. “So that the problem of air quality management in Mumbai City and around will be dealt with in an effective manner,” the bench said.

The court also directed that the draft report of experts submitted to MPCB in relation to air quality issues of 10 cities in Mumbai be finalised by the concerned authority and final decision be taken on the same within six weeks.

Senior advocate Janak Dwarkadas representing petitioner NGO Vanshakti, submitted that vehicular pollution is one of the major contributors to air pollution. He added that MPCB had commissioned a study for MMR on the same by Satish Sahastrabuddhe, former transport commissioner. The court asked AG Saraf to bring on record the said report during the next date of hearing for the bench to consider it and pass further orders.

The bench clarified that its directions will be applicable and enforceable by all Municipal Corporations, councils and panchayats within MMR region and posted further hearing to December 11.