Bombay HC pulls up BMC: ‘Had you been proactive, situation would have been better’
In response to this, the bench quipped, “All you (BMC) have been doing is fine and good enough. It is nothing that you are doing favour to Mumbaikars.”
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Senior advocate Milind Sathe for BMC said it had constituted over 90 special squads of employees to visit construction sites, and has taken action against them. (File/ Representational) The Bombay High Court on Friday pulled up the Brihanmumbai Municipal Corporation (BMC) over delayed implementation of its air pollution mitigation plan it had announced in March this year, and said if the civic body had been proactive before the HC initiated a suo motu PIL, the situation in Mumbai would have been better.
The HC noted that the number of construction sites in the city flouting air pollution control norms was “alarming” and action that the BMC should take against them was not a “favour” but its duty towards residents.
Referring to an affidavit in reply submitted by the BMC referring to the steps it has taken to deal with the deteriorating Air Quality Index (AQI) in the city, senior advocate Milind Sathe said it had constituted over 90 special squads of employees to visit construction sites, and has taken action against them.
Sathe said the civic body had been effectively implementing its mitigation action plan. The BMC has ensured that large infrastructure projects including Coastal Road, Mumbai Trans Harbour Link (MTHL) and Metro fully comply with air pollution guidelines, he said, and was continuously monitoring the situation at the strictest possible level. He also said that 650 km of roads are being washed on a regular basis, for which water sprinklers and mist machines have been employed in polluted areas as per the action plan of October 25.
In response to this, the bench quipped, “All you (BMC) have been doing is fine and good enough. It is nothing that you are doing favour to Mumbaikars.”
The bench further noted that of the 1,623 construction sites visited by special squads, notices were issued to 1,065 sites on account of non-compliance or inadequate compliance of air pollution guidelines. “The figure itself speaks volumes about the alarming situation of air quality in the city,” the bench said in its order.
“Everything is not as clear as the rosy picture you are trying to paint. Data is clear and speaks a lot for itself,” Chief Justice Devendra Kumar Upadhyaya remarked.
The court also said that it was only due to recent rains that AQI levels improved, and will go back to poor in the coming days. “In the case of BMC, if you were proactive before the matter was taken up by us, the situation would have been better,” the HC said.
Amicus Curiae Darius Khambata, assisting the court in the matter, said that while the BMC had recognised the issue in March this year and drew out a mitigation plan, it has taken action only now in October and December.
The bench of CJ Upadhyaya and Justice Girish S Kulkarni said that even though the mitigation plan was initiated in March, the BMC took action only recently in October and November. “Our children have started facing problems with breathing. We are here dealing with a drastic situation and it is an emergent situation,” the bench said.
Sathe on instructions from BMC officials submitted that within the shortest possible time it will create a special website and phone app and publicise the phone number and email address where citizens can raise complaints related to violation of air pollution norms.
The bench asked the BMC to come up with the same forthwith, and the information be published in the media at the earliest. The court asked all other civic authorities in Mumbai Metropolitan Region (MMR) to take similar steps for redressal of citizen’s complaints.
The HC will hear the suo motu PIL and other pleas next on December 11.
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