‘You don’t take care of the poor’: Bombay High Court slams BMC, MPCB for ‘breach’of air pollution norms

The HC also asked MPCB about the measures it had taken to ensure the safety of workers at the construction sites who are “exposed to severe pollution and health threats.”

The court also directed Bhushan Gagrani, Commissioner, BMC, and member-secretary of MPCB, who were present during the hearing, to explain “inaction” by the authorities in mitigating poor air quality in the city to “apply their mind”, and come back on Wednesday, December 24, with solutions to ensure proper compliance with the air pollution mitigation plan and earlier directions.

“How do you safeguard the health of workers? Are there any guidelines for project proponents in that regard? The workers are exposed to severe pollution and health threats. You don’t take care of the poor. That is what is happening. You do not have anything for them. At least, have the masks,” CJ Chandrashekhar orally remarked to MPCB.

“Don’t they have a claim to right to health? The right to health is a fundamental right. First of all, please tell us how to protect the health of workers immediately. The least that can be done and implemented from tomorrow itself,” CJ Chandrashekhar said.

“Once it (pollution levels) goes out of hand, nothing remains within your control. We have seen that in Delhi for the last several years. Not just as an officer of the court but also as a citizen, you’ve the duty to protect the environment. It has attained the status of a fundamental right of citizens and a corresponding duty. So please come up with a proposal. Convene meetings and take instructions. You’ve to come up with suggestions, and you should be aware that every suggestion can be scrutinised by the court and other parties,” the court told the authorities.

CJ Chandrashekhar also remarked, “We are constrained to say, and we see with open eyes that such massive constructions and building sites are not adhering to guidelines. Take the BMC commissioner across the city and see how many are abiding. There are no metal sheets of 35 metres or green tarpaulin, etc.”

“Works could go on. We do not want to disturb work, but we want compliance. That’s the bare minimum. It is a result of simple negligence by builders and project proponents,” the judge added.

BMC, MPCB arguments

Senior Advocate Darius Khambata, who was appointed by the court to assist it as amicus curiae, referred to the report of a committee it appointed to inspect construction sites in Mumbai and Navi Mumbai. He argued that immediate measures were required, including issuing stop-work notices to ensure compliance.

Senior Advocate Janak Dwarkadas, representing NGO Vanashakti, submitted that the authorities have failed to link Air Quality Index (AQI) sensors at construction and other sites to the database, and, therefore, the information is not available to the public, BMC, and MPCB in real time.

Senior Advocate S U Kamdar, who appeared for the Mumbai civic body, said the BMC Commissioner Gagrani made a surprise visit to two construction sites and issued directions after receiving certain reports; show-cause and stop-work notices were issued to project proponents found in breach of guidelines.

Representing MPCB, Senior Advocate Ashutosh Kumbhakoni said it will comply with the suggestions for protecting the health of construction workers and implement the measures.

“After hearing counsels, we think that a lot more has to be done by BMC and MPCB, and the so-called monitoring by them does not find approval of this court. Directions issued by the high court and undertakings given by BMC and MPCB are observed more in breach than in compliance,” the HC noted in its order.