Bombay High Court Slams Authorities Over Uncontrolled Air Pollution in Mumbai
Last Updated on January 23, 2025 by Amit Patra
In a scathing critique of the environmental management in Mumbai, the Bombay High Court underlined the major culprits in the escalating air pollution as construction sites, bakery ‘bhattis’, and industrial emissions, demanding immediate and comprehensive action from the regulatory authorities.
A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Girish Kulkarni came down heavily on the Brihanmumbai Municipal Corporation (BMC) and the Maharashtra government for their ineffective pollution control measures. Focusing on ‘bhattis’ in bakeries and hotels as the third-largest contributor to pollution, the Court asked why strict licensing norms are not prescribed for these eateries.
Senior Advocate Darius Khambatta, who was appointed Amicus Curiae, brought to light serious regulatory lapses, highlighting that construction sites are the major source of pollution, followed by heavy industries. He noted that air quality has been worsening earlier than usual, with the BMC expressing its inability to control pollution from construction activities.
The Court’s interventionist approach was evident when Chief Justice Upadhyay rejected the simplistic environment versus development binary, advocating for sustainable development. He challenged the BMC to demonstrate concrete measures for pollution mitigation, criticizing their passive approach.
One of the prominent suggestions was from Senior Advocate Janak Dwarkadas, who cited international best practices such as real-time pollution monitoring devices at construction sites in Thailand. He suggested similar electronic displays in Mumbai, connected to a central dashboard for effective monitoring and accountability.
The bench also suggested futuristic solutions such as retiring petrol and diesel-run vehicles and bringing in CNG and electric alternatives. In recognizing the complexity of the pollution issue, Justice Kulkarni realized that it had many contributors, including traffic emissions and festive activities.
While the BMC argued that development is important, the Court remained unimpressed and sought a more proactive and responsible approach towards environmental management. The hearing was adjourned with the Court promising a detailed order, signaling potential landmark directions for Mumbai’s air quality governance.
