Mumbai air pollution: HC flags ‘insufficient’ civic monitoring, forms panel to oversee mitigation norms

The bench was hearing a suo motu PIL petition and other petitions raising concerns over poor air quality in Mumbai and the surrounding areas.

“There is no dispute that the air pollution levels in the city of Mumbai has not gone down. Rather, in the month of December, it was reported very severe/unhealthy. We are also conscious and there is no dispute at the bar that the rising number of dockets and limited hours and time available to us, maybe is a reason that this court may not be able to examine all affidavits filed by the corporations and PCB and report submitted by expert committee,” the court said.

The bench perused previous orders and found that “compliance so far made by corporations and Maharashtra Pollution Control Board (MPCB)” was not sufficient and satisfactory. “Mere filing of compliance affidavits is not sufficient. The concerned authorities might have taken serious steps on their part, but the result thereof indicating decrease in pollution levels isn’t coming forth,” it added.

The judges also noted that air quality monitors were not installed at nearly 477 construction sites and other spots in Mumbai and that the civic authorities did not provide details of inspection carried out by their squads based on a report prepared by a committee of advocate commissioners that inspected nearly 31 sites.
“We have also observed that there is insufficient monitoring by corporations as well as 91 squads by BMC where working only on daily basis and if at all inspecting one site in a day. This was however admitted at the bar that for inspection of construction site, total time taken shall not exceed 2-3 hours,” they added.

Objection to demand for new compensation mechanism

Senior advocate Anil Anturkar, appearing for the Navi Mumbai Municipal Corporation (NMMC), cited a Supreme Court order and objected to a submission made by the intervenor NGO Vanashakti that the high-powered committee should outline a mechanism to give compensation to residents affected by air pollution. He said there was a statutory regime in place to look into the aspect.

Anturkar said that presence of a medical expert on the high-powered committee was not required, as the directions to be complied with were not related to health. Instead, a town planning expert can be appointed, he added.

Senior advocate S U Kamdar, appearing for the Brihanmumbai Municipal Corporation (BMC), made similar objections and suggested an expert from IIT Bombay should be made a part of the panel.

The bench, however, said it had not come across any suggestion or action taken by such a statutory body and that the panel could seek assistance from technical and medical experts.

“All of you are working and working very hard, hopefully. We don’t want to criticise anyone. We just want that the people should live in pure air,” the bench orally remarked to the authorities and said it would empower the panel with powers to “issue directions in the form of recommendations”.