Consider air pollution’s economic impact for effective steps, matter is of public interest: Bombay HC to civic bodies

Khambata stated that “pollution is a more serious and impactful source of depression on our economy while we discuss tariffs and trade agreements.”

He added, “People are getting handicapped and their efficiency levels are plummeting. The authorities should treat this as a crisis. The time has come for giving shock treatment to the authorities (through drastic orders).”

He further said, “There has to be political will as we and our children are breathing in mini Bhopals” (referring to the Bhopal gas tragedy). “The time has come for stern action.”

To support his claims, Khambata cited news reports, including the one by The Indian Express on Mumbai recording the maximum number of unhealthy AQI days in January 2026, and The Lancet report titled “Health and economic impact of air pollution in the states of India: the Global Burden of Disease Study 2019.”

He argued that air pollution has serious ramifications for the nation’s economy, and this aspect must be considered while passing orders in the matter.

When the Navi Mumbai civic body’s lawyer said that reliance on newspaper reports “may not be correct,” Chief Justice Chandrashekhar orally remarked, “The credibility of these reports cannot be brushed aside like this. They are from responsible journalists and newspapers serving the nation.”

“It (report on economic impact) has given a different dimension to the issue of air pollution. So, this is also very important. You (authorities) please take a note of this. We do not think this aspect is examined in any of the judgments. If it is impacting nation’s economy, then it is in public interest. Health is of course a fundamental right that is the citizens’ concern. But the economy is also equally a concern of the governments. So please look at this,” CJ Chandrashekhar orally remarked.

The court also asked the civic authorities to create websites providing data from air quality monitoring stations and make it accessible to citizens. “People have a right to know and they must know,” the bench said.

Senior Advocate Janak Dwarkadas, representing NGO Vanashakti, submitted that the court should pass an order directing authorities to pay compensation to those who die, are hospitalised, or suffer health ailments due to pollution. “Life cannot be so cheap that authorities continue to conduct business as usual,” he said.

“In the last three years (since suo motu PIL initiated), we don’t think any progress has been made by the authorities. Steps are taken but they are not sufficient. There could be a rise in the number of motor vehicles on the road, and constructions must have multiplied. That is perhaps why their efforts are not showing much positive impact,” the bench remarked.

The court also asked the MPCB to conduct yearly audits of industries, including those in the ‘red category (highly polluting) and posted the next hearing to January 29 when it will pass further orders.