HC asks MPCB to consider ‘air pollution audit’ of industries in MMR, pulls up public bodies for flouting norms
As per MPCB, heavy industries contributed around 20-30 per cent of PM2.5 and S02 (sulfur dioxide) emissions with emissions through construction and demolition activities being 20-30 percent of total PM10 emissions.
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Steps taken to reduce pollution by authorities responsible for large projects were inadequate, as per the court. (File Photo)Observing that the air pollution in Mumbai Metropolitan Region (MMR) was going to be “very very unhealthy”, posing a threat to the survival of citizens, the Bombay High Court on Tues-day asked the Maharashtra Pollu-tion Control Board (MPCB) to consider conducting an air pollution audit of all industries in the region.
The Court said the pollution audit will include a rigorous inspection of all industries, which are one of the major sources of air pollution, to check if they were violating emission norms. The HC also observed that the steps taken by public authorities — which are responsible for large infrastructure projects including Bullet Train, Metro and Coastal Road — were “inadequate” and the authorities can’t be absolved of their mandatory Constitutional duty to provide an adequate, healthy environment to citizens.
“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 citizens or court alone… Situation is very alarming. If we are not alive to this situation now we don’t know what’s going to happen…,” Chief Justice Devendra Kumar Upadhyaya said while pointing out various discrepancies by authorities in following pollution control norms.
The bench of CJ 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 of The Indian Express — presented an “alarming scenario” of air pollution which began in November last year. In its last hearing, The HC had said the city’s AQI should be brought down to below 50.
On December 11, the bench had asked the BMC and MPCB to carry out a joint inspection at seven sites to ensure all pollution control norms were followed at these locations, failing which appropriate action would be taken.
6 sources of pollution
The Court perused an affidavit filed by MPCB which listed six major sources of pollution in MMR, including roadside dust, vehicular and industrial emissions, construction and demolition activities, biomass burning and other sources that included cooking emissions and individual causes. While resuspended roadside dust was a major contributor with a share of around 50-60 per cent of the particulate matter-100 (PM10), vehicles contributed to 20-30 per cent of PM 2.5 and nitrogen oxide emissions.
As per MPCB, heavy industries contributed around 20-30 per cent of PM2.5 and S02 (sulfur dioxide) emissions with emissions through construction and demolition activities being 20-30 percent of total PM10 emissions.
The bench observed the MPCB had disclosed non-compliance of norms at five of seven sites, which included less than 25 feet barricading at the Metro 3 site, and that a huge amount of dust was found at the casting yard and toll plaza of MTHL project site. Moreover, no water sprinkers and an inadequate number of mist guns were provided at the Coastal Road project site. It also observed the sensor-based air pollution equipment just lay in the office and were not used in the work area.
In the case of the bullet train construction site at Bandra Kurla Complex (BKC), the court said MPCB had issued a stop work notice for violations on November 4, 2023 which was then withdrawn on December 15. An inspection was conducted on December 29 where similar violations were found again. No reply to the notice has been filed by the construction authority as yet. “Why can’t the coastal road and other authorities put up a simple shed of 25 feet. What can be a possible reason for this kind of negligence by the public authority? 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 said.
After the court pointed out lapses by authorities, Advocate General Birendra Saraf and senior advocate Milind Sathe for BMC said that since the court had taken cognisance of the issue in November, a lot was done to maintain the AQI. After AG Saraf said that improvements were needed in few cases but projects of public importance cannot be shut down, CJ Upadhyaya said, “If the life of people is to be saved by shutting down, we won’t hesitate.”
Saraf also said the government was considering the feasibility of a legislative mechanism on patterns of central legislation in the NCR – Delhi in 2021 to identify and resolve problems related to poor AQI levels. He said a coordination committee of transitory nature under the BMC Commissioner was formed to decide a multi-pronged approach in this regard.
“It is not only the expectation of the general population and court, municipal bodies to take all possible steps for adequate health, but it is a constitutional mandate upon urban local bodies to discharge their constitutional functions entrusted to them,” the bench noted in the order.
The HC will hear the pleas next on March 18.
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