The Bombay High Court on Tuesday said the BMC should ensure pollution indicators are installed within six weeks at construction sites where work is in progress and they should be centrally connected, failing which it would proceed to pass adverse orders against the authorities. This came after the intervenor in a suo motu PIL, raising concerns over ‘alarming’ air pollution levels in Mumbai and surrounding areas, claimed no devices were installed despite a January 9 order of the HC. The HC had then directed that “if such devices are not installed in regard to construction units within a period of one month, action be taken against such units, including closing down of such constructions, till the compliances are achieved.” On Tuesday, a division bench of Chief Justice Alok Aradhe and Justice Makarand S Karnik was informed by senior advocate Milind Sathe, representing the BMC, that it has initiated steps for installation of pollution indicators at construction sites. Sathe added that to connect such devices or monitors centrally and to evolve surveillance, the civic body has consulted experts from IIT-Bombay and IIT-Kanpur and before the next date of hearing, appropriate steps to implement the HC’s January 9 directions will be taken. Senior advocate Janak Dwarkadas for NGO Vanashakti, intervening in the matter, argued that despite the court directions, the indicators are not yet installed at construction sites. “We will give them a month’s time or else we will proceed against them,” CJ Aradhe orally remarked. “These devices have to be installed on all construction sites. If they have not done it, stop construction. Standard Operating Procedures (SOPs) have to be in place for all constructions. The order is in the form of direction to you. It does not permit you to take time to consult IIT etc,” Justice Karnik orally told the BMC. Sathe clarified that consultation sought was only pertaining to the centrally connecting the indicators and steps are being taken to install the indicators. He also said that the BMC should consult IITs concerned on the issue of desirability of installing CCTVs at construction sites. “We are inclined to grant six-week further time to implement directions of January 9 order,” the bench noted in its order. Senior advocate Darius Khambata, appointed as Amicus Curiae to assist the court in the matter, said the MPCB has completed the audit for red-category (highly polluting) industries, however it had not submitted the audit report. Senior advocate Ashutosh Kumbhakoni for the MPCB submitted that the audit report will be placed on record before the next hearing and the board will also proceed to conduct audit in respect of orange category industries. Khambata further submitted that in the Khairani Nagar area of suburban Chandivali, ‘bhattis’ are causing severe pollution and in Ulhasnagar area, air quality measuring stations are not properly working or have been reporting outdated data. Moreover, he said that in Ulhasnagar, fire continues to break out in open dumping ground and garbage burning remains unabated on banks of Waldhuni river and firecrackers are continuously burst in the area. The MPCB said it will consider the issue regarding the pollution at the two places and will initiate immediate preventive measures to curb pollution. The court asked the authorities to file affidavits in compliance of its orders to be filed by June 12 and posted further hearing to June 17.
