Form panel to study feasibility of phasing out of diesel and petrol vehicles in Mumbai: Bombay HC to Maharashtra government

A special bench of Chief Justice Devendra Kumar Upadhyaya and Justice Girish S Kulkarni on January 9 emphasised “drastic measures” against “extreme” pollution. The bench sought to know about the possibility of permitting only electric or CNG-based motor vehicles in the city in future and raised concern over the use of coal and wood in furnaces or kilns used for bakeries in the city.

The Bombay High Court also directed the Brihanmumbai Municipal Corporation (BMC) and Maharashtra Pollution Control Board (MPCB) to ensure bakeries in the city running on wood and coal convert their units to gas or other green fuels within six months instead of a deadline of a year set by authorities. The bench also mandated the installation of pollution indicators at all construction sites.

In its detailed order, the bench said vehicular pollution was a major contributor to worsening air quality and observed, “The roads in Mumbai Metropolitan Region (MMR) are choked with vehicles and density of the vehicles on the roads is alarming, which, in result, compounds the problems relating to air pollution and makes all measures taken to mitigate the same inadequate.”

The bench said a “thorough study” needs to be conducted on whether it will be “appropriate or feasible” to phase out diesel and petrol-driven vehicles. The bench directed the state government’s department concerned to form a committee consisting of experts, civil administrators, and those associated with the administration of traffic management to conduct the study within three months and submit a report to the court.

The Court further perused steps taken by BMC and MPCB over a decision to stop within a year the bakeries, hotels, and bhattis from using traditional fuel and shift to alternate fuel to curtail pollution and emission of Particulate matter (PM). “In our opinion, urgent and effective measures are required to be taken against such bakery units so that such units which are in large numbers in the city, do not generate air pollution and more particularly, limit hazardous particulate matter,” the bench noted.

The bench said that the said task would require a long period of one year contemplated by BMC and such units be directed to stop using wood and coal within six months and convert them to green fuels. The bench said no new approvals to open bakeries or similar businesses running on coal or wood shall be granted henceforth, and new licenses shall be granted only after complying with a condition that they use only green fuel.

Accepting the suggestion by Senior Advocate Janak Dwarkadas, representing intervenor NGO Vanashakti, the bench directed BMC and MPCB to install pollution indicators at construction sites where the work is in progress and such indicators shall be centrally connected and appropriate surveillance on pollution generated by them be rigorously undertaken.

“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,” the bench said.

Among other directions, the bench also asked the government to give financial sanction within a month to the MPCB staffing pattern so that it can take steps to fill over 1000 posts within six months. Posting further hearing to February 13, it also asked MPCB to complete an audit of red category (highly polluting) industries within two months.

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