The detailed order of HC on pleas raising concerns over poor air quality in Mumbai and surrounding areas was made available on Thursday. (Express file photo)
The Bombay High Court on Thursday warned that it will take action against Assistant Municipal Commissioners and other officers of the Brihanmumbai Municipal Corporation (BMC) if lapses in action against rising air pollution levels and deficiencies in implementation of guidelines continue.
The detailed order of HC on pleas raising concerns over poor air quality in Mumbai and surrounding areas was made available on Thursday.A bench of Chief Justice Shree Chandrashekhar and Justice Gautam A Ankhad has been hearing suo motu PIL and other petitions initiated after taking note of various news reports, including The Indian Express’s ‘Death by Breath’ series, which highlighted an “alarming scenario” of air pollution beginning in November 2023.
The HC on Wednesday pulled up BMC for “turning a blind eye” towards worsening air pollution levels in the city and said the situation had gone beyond control of the civic body as sanctions to 125 big projects of Rs 1,000 crore were granted in a city like Mumbai.
In its detailed order, the bench referred to its November 6, 2023 order through which it it had issued slew of directions to authorities for mitigation, noting that something “drastic” was required to be done to improve deteriorating air quality in Mumbai there was a need of mechanism to ensure “it does not get worsened”.
The directions passed by the then Chief Justice Devendra Kumar Upadhyaya (now CJ of Delhi HC) included strict implementation of Mumbai Air Pollution Mitigation Plan of BMC and guidelines issued by the civic body and Environment Ministry for Mumbai and surrounding areas.
The civic bodies were directed to ensure metal sheets of sufficient height around construction sites so that the dust does not spread over. The HC had also ordered other measures including continuous water sprinkling, full covering of storage piles and debris and had said that if the air quality does not substantially improve, the HC may even pass order of banning transportation of the construction material in and out of the construction sites.
The HC had then noted that that AMCs of the wards will be personally liable for any lapse in implementation of directives and had directed Municipal Commissioners to identify erring officers responsible for any lapse.
Story continues below this ad
In its December 24 order, the bench noted, “We are constrained to record that the very same situation has recurred in the years 2024 and 2025, and that the directions contained (in November 6, 2023 order) have not been complied with by the BMC.”
CJ Chandrashekhar-led bench warned BMC officials of action for continuing lapses and noted, “We make it abundantly clear that if such lapses continue any further on the part of the Corporation, we shall be constrained to proceed in terms of paragraph 8 against the Assistant Municipal Commissioners and all officers responsible for the lapses and/or deficiencies in the implementation of the Guidelines.”
The Court directed the BMC and Navi Mumbai Municipal Corporation (NMMC) to file status reports “demonstrating tangible and measurable results evidencing reduction in pollution levels in Mumbai and Navi Mumbai” .
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
