Mumbai air pollution: HC tells MPCB to initiate air pollution audit of MMR’s red category industries

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Girish S Kulkarni also asked the state government if it had a policy to shift polluting industries located in residential areas.

“Certain industries become difficult since they are around residential areas. Does the state have a policy that it is possible to not have such industries (in residential zones) and not have the lives of people at stake and shift it? That is the issue we want to address. There are a large number of industries, which are possibly polluting industries, which can be shifted (to other zones),” Justice Kulkarni said.

The bench observed that the industries were now almost in the “centre of the town’, with residential areas surrounding them. It said that even in Navi Mumbai, which was earlier an industrial area, mega residential projects had come up as such changes were adopted to decongest Mumbai city.

The court insisted that the government consider forming a statutory commission/mechanism composed of officers, experts and activists for air quality management in MMR in order to monitor concerning issues.

The HC said that while the BMC and MPCB’s strategy to curb air pollution was there on paper, its implementation was crucial. “It is common knowledge. If you roam around roads in Mumbai, you will find so many violations. Carry your report and you can yourself feel what are violations,” the HC said to BMC and state lawyers.

“We have law, guidelines… what is important is proper implementation. There has to be a permanent and robust mechanism (against air pollution). Now you have to deviate from the approach that ‘you will dig a well when you are thirsty’. This is an emergent situation,” the bench added, cautioning that the poor or worse air quality will come back if authorities do not take preventive steps.

The HC 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 2023.

Representing the MPCB, Advocate General Birendra Saraf submitted an affidavit filed through V M Motghare, Joint Director (Air Pollution Control), in which it mentioned steps taking by the pollution control board to reduce emission in industrial units and other pollution generating factors. It also stated that the BMC had provided Rs 60 crore in the financial year 2023-24 and further proposed Rs 360 crore for FY 2024-25 to undertake activities in a “deep clean drive” to reduce air pollution at the ward level.

The MPCB submitted that there are 7,268 red category industries, 7,841 in the orange category (medium pollution potential) and 10, 614 in the green (having low pollution potential) category in MMR. The court also asked the state government and other authorities to sanction required staff of 1,310 members to MPCB at the earliest “in broader public interest”.

The court directed that nearly 27 measures suggested in the MPCB affidavit to bring the Air Quality Index (AQI) in the city to a healthy level of 50 to 100 be immediately communicated within two days to the responsible government departments for their consideration. Such measures include making entries of all MMR toll points without barricades, synchronising traffic signals, identifying air pollution hot spots, deep cleaning to control roadside dust, 100 per cent electrification of auto rickshaws and taxis and staggered working hours for different state departments.

The bench asked an expert panel to give an opinion on source apportionment of air pollution and consider suggestions of petitioners on ill-effects of particulate matter 2.5 (PM 2.5) and posted the matter for further hearing to June 20.