Air pollution: FIR against builder for not following HC guidelines

Builder Bharat Realty Ventures Pvt Ltd failed to erect 25 feet high tin sheets at construction site

BMC issued a notice to the accused under Section 354A of BMC Act, and a copy of it was also given to Santacruz police station. (Express File Photo)

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The Mumbai Police on Monday registered a criminal case against a builder, Bharat Realty Ventures Pvt Ltd, for not following the guidelines issued by the Bombay High Court in connection with air pollution and the Air Quality Index. The FIR was registered at Santacruz police station.

This is the first FIR filed against a builder on BMC’s complaint after the high court came down heavily on the civic body for failing to take adequate measures to prevent air pollution in the city.

Deputy Commissioner of Police, Zone 9, Krishnakant Upadhyay, confirmed the development to The Indian Express and said the accused did not comply with the mandatory guidelines issued by the high court regarding air pollution. Hence the police registered a case under Section 291 (continuance of nuisance after injunction to discontinue) of the Indian Penal Code against Bharat Realty Ventures Pvt Ltd.

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On November 6, the Bombay High Court had ordered the BMC to take action against such culprits as people are suffering due to dust particles and air pollution due to the lack of proper and adequate measures at construction sites.

The BMC has found that the accused builder failed to erect 25 feet high tin-sheets at the construction site (Plot FB no. 37/B TPS) in Vile Parle (West) to prevent pollution, the police said.

Hence the BMC issued a notice to the accused under Section 354A of BMC Act, and a copy of it was also given to Santacruz police station.

As per the complaint, the accused resumed the construction work without putting a 25 feet high sheet at the construction site, which violated the order of the high court. Hence the officers from Nuisance Detection Squad lodged a criminal case against the builder, said a police officer.

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A senior BMC official said a ‘stop work’ notice was sent to this (reality) firm in the past, asking them to adhere to the dust-mitigation norms. However, the entity didn’t comply with the norms, following which an FIR was lodged by the authorities.

An official from the BMC’s environment department also stated that nearly 343 ‘stop work’ notices have been issued to several firms and contractors till date for flouting dust-mitigation norms.

“We have instructed ward-level officers to carry out regular inspection of those sites where ‘stop work’ notices have been served. If we find any of these entities still flouting norms, then police complaints will be lodged against them,” said an officer.

An email sent to Bharat Realty did not elicit any response.

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