How Bombay HC took to task state, BMC and other civic bodies to clear MMR’s polluted air

A bench of Chief Justice Upadhyaya and Justice Girish S Kulkarni, has been hearing a suo motu PIL and other pleas initiated and filed after noting various news reports, including the “Death by Breath” series of The Indian Express, presented an “alarming scenario” of air pollution, which began in November 2023.

The bench referred to The Indian Express report “Mumbai air turned very poor or severe, but not one health advisory from BMC” and said the same presented an “alarming scenario” which was required to be urgently tackled for the welfare of all residents.

On November 6, the bench set a limit to burst firecrackers in view of ensuring Diwali festival, among other measures for dust mitigation. It said, “We have to make a choice… Either we have a disease-free environment or burn firecrackers and celebrate the festival. We have to take a call. The entire city is affected… We cannot completely depend on nature and have to implement it. We are living on this earth. We have created this situation.”

The hearing also marked an an intense exchange between the state lawyers, judges and petitioners over the strict measures and need for developmental projects in the city.

On November 10, when Advocate General Birendra Saraf for the state government had said that AQI levels had shown great improvement, CJI 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 (2022) 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…”

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.”

On December 11, the bench had said the authorities should ensure the Air Quality Index (AQI) in the city should be brought down to below 50. It asked the BMC and the Maharashtra Pollution Control Board (MPCB) to carry out a joint inspection at seven project sites.

On February 6, the bench flagged “inadequate” implementation of environmental norms at several sites of public infrastructure projects including Bullet train, Metro-3, Coastal Road, Mumbai Trans Harbour Link (MTHL). “…We may remind everyone that these are projects taken by public authorities and not by private entities and what example are they setting for others,” the bench questioned.

The HC said the authorities cannot be absolved of their constitutional duty of ensuring public health. “We tell you very frankly the situation is going to become very very unhealthy. We won’t survive and it should not be the concern of the citizens or the court alone. If we are not alive to this situation now we don’t know what’s going to happen…,” the court said.

After AG Saraf had said that improvements were needed but projects of public importance cannot be shut down, CJ Upadhyaya quipped, “If the life of people in the city is to be saved by shutting down, we won’t hesitate.”

The HC sought a rigorous air pollution audit of all industries in MMR and asked the state to have permanent statutory mechanism for air quality management in Mumbai.

Posting the next hearing to March 18, CJ Upadhyaya said in a lighter vein, “We can recommend Padma awards to your (state, civic bodies) officers if AQI levels come down to a healthy level.”