Expressing displeasure at the Navi Mumbai Municipal Corporation’s (NMMC) “belligerent disregard” of its directives on air pollution mitigation measures, the Bombay High Court on Friday warned its commissioner that it may pass directions preventing him from drawing his salary without the court’s permission.
“There is a belligerent disregard and violation of this court’s order by the Municipal Commissioner, Navi Mumbai Municipal Corporation, against whom we propose to pass an order directing him not to draw his salaries till this order permits him to do so,” a bench of Chief Justice Shree Chandrashekhar and Justice Suman Shyam noted in its order.
The court also said that there had been “no sincere efforts” made by the Brihanmumbai Municipal Corporation (BMC), and if the same continued, it may be required to pass similar coercive orders against its top officials too.
The court orally remarked to BMC, “Only after the court’s order, you have started taking the steps. So what you have been doing since the last one year?…We have given you sufficient opportunity. We need to pass some coercive against you also. We are not sitting here to take a stock of the situation and seek a status report in the court. This is your duty to ensure it…”
The court also asked civic bodies, including BMC, to consider imposing exemplary costs/fines up to Rs 5 crore on those not complying with the norms, including at construction sites, to ensure that “they will think twice before violating law”.
The high court was hearing a suo motu PIL and other petitions raising concerns over poor air quality in Mumbai and surrounding areas. During the pre-lunch session, the court observed, “The Committee of Advocate Commissioners appointed by it visited the 11 construction sites in NMMC area (flouting air-pollution mitigation norms). However, we do not find any indication the affidavit filed by the City Engineer as regards even the visit by the officers or a team of officers of the NMMC to those 11 sites which fall within its jurisdiction.”
Chief Justice Chandrashekhar also sought to know from BMC as to how many air quality monitors were installed every month at various sites in the city by the end of September last year, and how many of them were connected to the central system and the dashboard.
Senior advocate Janak Dwarkadas, for NGO Vanshakti, and senior advocate Darius Khambata, appointed as amicus curiae in the matter, referred to past orders of the high court since October 2023 and submitted that the same were “ignored by authorities with impunity” and “specific and individual responsibilities” should be fixed on officials concerned.
They also said affidavits filed by BMC do not give details on material aspects, including why nearly 500 construction sites in Mumbai were still operating without sensor-based air quality monitors.
‘This cannot be permitted’
In the post-lunch session, after considering submissions, the bench noted, “We (have) come to a conclusion that there is no genuine and sincere effort made by the BMC. We may pass similar order as proposed against NMMC commissioner.”
“We are not stopping it forthwith,” the bench orally told the NMMC lawyer. “We are very serious and we are moving towards some other environmental perspective perhaps. This (disregard of orders) cannot be permitted. This is not a one day measure but of course you have to take (concrete) steps…Force them (violators) to implement,” the high court orally told the BMC.
The high court also suggested senior advocate S U Kamdar and advocate Joel Carlos, for the BMC, seek an order from the court to give it “extra statutory powers”, including imposing exemplary costs ranging between Rs 5 lakh to Rs 5 crore.
“Seek order from the court. In all socio-economic offences, this is one of the measures. Violators must know crime does not pay. So similarly, impose such a heavy costs that they will think twice before violating law,” Chief Justice Chandrashekhar told the BMC and posted further hearing to January 27, when the court is likely to pass further orders.
Air Pollution in Navi Mumbai and Navi Mumbai Municipal Corporation. (Express Photo by Narendra Vaskar) 
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