Premium

‘Lackadaisical approach’, ‘unsatisfactory compliance’: Why Bombay HC is losing patience with Mumbai’s pollution authorities

With Mumbai Climate Week underway, here is how two years of the High Court flagging lapses by the BMC and MPCB culminated in a high-powered panel to monitor pollution control across the MMR.

mumbai air pollutionCPCB data recorded 14 unhealthy AQI days in February 2026 so far. (Express Photo by Amit Chakravarty)

As Mumbai hosts Mumbai Climate Week amid renewed focus on climate resilience, the Bombay High Court’s intervention in the city’s worsening air pollution tells a starkly different story, one of repeated warnings, missed deadlines and what it has called a “lackadaisical approach” by civic and pollution control authorities.

After more than two years of monitoring compliance in a suo motu public interest litigation, and recording what it described as “unsatisfactory” action by the Brihanmumbai Municipal Corporation BMC and the Maharashtra Pollution Control Board MPCB, the court last month escalated matters by constituting a High Powered Committee of former judges to oversee enforcement of pollution mitigation measures across the Mumbai Metropolitan Region.

A recurring concern

Over the course of hearings spanning more than two years, the HC repeatedly flagged the pattern of deteriorating air quality during autumn and winter months. It noted that pollution levels over the last three to four years had become a “recurring concern” due to lack of effective enforcement.

On January 29, 2026, expressing dissatisfaction with the progress made, the court constituted a High Powered Committee of two former High Court judges to monitor compliance and recommend both short term and long term measures.

“There is no dispute that the air pollution level in the city of Mumbai has not gone down, rather, in the month of December 2025 it was reported very severe…The compliance so far made by the Municipal Corporations and the Maharashtra Pollution Control Board MPCB are not sufficient and satisfactory,” the court observed.

The bench further stated, “This Court has been consistently observing the lackadaisical approach of authorities in ensuring compliance despite specific directions. Mere filing of compliance affidavits is not sufficient. When we say unsatisfactory compliance, we are not criticising the working of any individual but the collective efforts taken by the Municipal Corporations and the MPCB.”

Notices without results

During hearings, authorities submitted affidavits detailing issuance of “thousands of notices and stop work notices” to violators. The Chief Justice Shree Chandrashekhar led bench, however, questioned the efficacy of these measures.

Story continues below this ad

“These figures simply indicate that the proposals for establishment of industrial units, NOCs, statutory clearances and building plans have been issued without bestowing attention to the possibility of a large scale pollution being generated,” the court observed.

The HC also expressed “displeasure” over what it termed a non serious approach towards inspections conducted by a court appointed panel of advocates at construction and industrial sites. The panel reported a “recurring pattern of incomplete or inconsistent compliance” and flagged discrepancies between AQI readings on the government’s Sameer App and third party platforms. Following judicial intervention, the BMC issued show cause and stop work notices at several sites.

Among projects that received notices or warnings were the Bullet Train site at Bandra Kurla Complex, demolition activities at Government Colony in Bandra East, the proposed site of the new High Court complex, the Majestic Amdar Niwas MLA hostel project in Colaba, and construction for the twin tunnel on the Goregaon Mulund Link Road.

Public money, little impact

The court also took note of financial allocations and audits. Despite Rs 360 crore being sanctioned for Financial Year 2024 25 for deep clean drives, the HC observed that “nothing worthwhile has been reported.” It added, “The Court shall obviously be concerned about the spending of public money without any substantial result.”

Story continues below this ad

Annual pollution audits conducted by the MPCB of industries in the MMR were also termed “unsatisfactory.”

On January 27, the court directed authorities to consider the economic consequences of air pollution, calling it a “matter of public interest.” Days earlier, it warned the Navi Mumbai Municipal Corporation NMMC Commissioner and senior BMC officials of passing orders preventing their salaries for “belligerent disregard” of its directives.

In December 2025, referring to the trajectory of air quality deterioration in Delhi, the HC cautioned that “once the pollution goes out of hand, nothing remains in their control.” It summoned BMC Commissioner Bhushan Gagrani and an MPCB official to explain alleged inaction. Earlier, in November, it had observed that “air pollution during the autumn months has now become a recurring and persistent concern.”

From PIL to High Powered Committee

The litigation timeline reflects escalating judicial intervention. After taking suo motu cognisance on October 31, 2023, the HC issued interim directions within a week, including limiting firecracker bursting hours and ordering strict enforcement of the Mumbai Air Pollution Mitigation Plan. It later mandated pollution audits of industries, directed conversion of bakeries from wood and coal to green fuels, and appointed an inspection panel of advocates for highly polluting sites.

Story continues below this ad

Despite these measures, air quality indicators have shown limited improvement. As reported by The Indian Express, CPCB data recorded 14 unhealthy AQI days in February 2026 so far. Earlier, the court had also taken note of the city recording its highest number of unhealthy AQI days in January 2026.

With compliance deemed “insufficient,” the formation of the High Powered Committee marks the court’s strongest step yet, shifting from issuing directions to institutional oversight of enforcement.

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

 

Advertisement
Loading Recommendations...
Latest Comment
Post Comment
Read Comments