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Mumbai air pollution: High court points to role of nearby cities, asks if there is a Delhi parallel

The Bombay High Court took note of the regular movement of trucks carrying large containers in the area under the Panvel civic body, which has caused severe air pollution.

Bombay HC pollutionThe Bombay High Court was hearing a suo motu PIL on air pollution. Express Photo by Amit Chakravarty.

The Bombay High Court Thursday sought suggestions on air pollution originating from adjoining cities or areas near Mumbai, similar to how activities in neighbouring states of Punjab and Haryana impact Delhi’s air quality.

The HC also took note of the issue raised by intervenor NGO Vanashakti on the regular movement of trucks carrying large containers from four container depots in the area under the Panvel civic body, causing severe air pollution, and asked the intervenor to make written suggestions to the high-powered committee (HPC) of two former judges on the same for further examination of the matter.

A bench of Chief Justice Shree Chandrashekhar and Justice Gautam A Ankhad was hearing a suo motu public interest litigation (PIL) along with other petitions initiated after taking note of multiple media reports, including The Indian Express series ‘Death by Breath’, which highlighted an “alarming scenario” of air pollution beginning in November 2023.

On January 29, the bench formed the HPC comprising former Chief Justice of the Himachal Pradesh High Court Amjad A Sayed, and retired Bombay High Court judge Justice Anuja Prabhudessai to monitor and supervise compliance with earlier court directives aimed at curbing air pollution in Mumbai and Navi Mumbai and sought monthly reports. Justice Sayed served as a judge of the Bombay High Court for 15 years before being elevated as CJ of the Himachal Pradesh High Court in 2023.

Senior advocate Janak Dwarkadas, for NGO Vanashakti, submitted that after crossing over from Mumbai on the Atal Setu, there are four to five storage depots for large containers of 20 and 40 feet.

“There is a 24×7 movement of trucks which carry those containers, either to the port or bring them from the port to the depot. There is a continuous cloud of dust for 24 hours due to the movement of those trucks, which is causing tremendous air pollution. It is virtually impossible even to see the road,” Dwarkadas said and sought to make suggestions to the HPC for taking measures to contain air pollution levels, which the court allowed.

“There is another issue. All this air pollution is not being generated in the city (Mumbai). This is coming from the adjoining cities also like (it happens in) Delhi, from Haryana and Punjab. For that, suggest some measures. We do not know but this is just our apprehension. The adjoining cities also might have been adding to pollution,” CJ Chandrashekhar orally remarked.

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Construction activities in Navi Mumbai

Dwarkadas responded that several construction activities are underway in the Navi Mumbai area due to the new airport, and that measures were required to implement air-pollution mitigation.

“We think that suggestion made by the senior counsel for Vanashakti must be accepted by the court. Amicus Curaie senior advocate Darius Khambata and Dwarkadas shall be at liberty to suggest any measures which can help containing the pollution in city of Mumbai and adjoining areas,” the HC noted.

It asked the parties to obtain and peruse the panel’s preliminary report and cooperate with the HPC by following its instructions. The HC posted further hearing on the PIL and other pleas to the first week of April.

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

 

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