A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad observed that authorities had failed to enforce compliance and directed the BMC and the MPCB to take urgent and concrete measures to address the worsening air quality
The Bombay HC bench was hearing a batch of petitions highlighting the deteriorating Air Quality Index (AQI) in Mumbai. Representational Pic/File
The Bombay High Court on Tuesday came down heavily on civic authorities and the pollution control board, stating that while it was not opposed to development or ongoing construction in the city, it expected strict compliance with environmental norms to curb rising air pollution, reported the PTI.
A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad observed that authorities had failed to enforce compliance and directed the Brihanmumbai Municipal Corporation (BMC) and the Maharashtra Pollution Control Board (MPCB) to take urgent and concrete measures to address the worsening air quality, according to the PTI.
“We do not want construction or development to stop, but we want compliance. You have failed to ensure compliance,” the court remarked, warning that unless immediate and effective action was taken, the situation could soon spiral out of control, as per the PTI.
“If things go out of hand, nothing will remain within your control,” the bench cautioned, the news agency reported.
Top officials appear before HC bench
Pursuant to the court’s directions issued on Monday, BMC Commissioner Bhushan Gagrani and MPCB Secretary Devendra Singh appeared before the bench on Tuesday, reported the PTI.
Urging officials to offer practical solutions, the court said, “Please come up with suggestions. This will not work otherwise. Apart from being officers, you are also citizens and have a fundamental duty.”
Mumbai Air Quality Index issue in court
The bench was hearing a batch of petitions highlighting the deteriorating Air Quality Index (AQI) in Mumbai. It also took serious note of the working conditions faced by labourers at construction sites.
Emphasising that the right to life applies to all citizens, including the poor, the court questioned the MPCB on whether it had issued any health advisories for construction workers exposed to hazardous pollution levels.
“You must issue advisories for project proponents so that workers’ health is protected. They are exposed to serious health risks. You do not care for the poor,” the bench observed.
“At the very least, provide them with masks. This is basic common sense. The right to health is a fundamental right,” the court added, as per the PTI.
The MPCB informed the court that it would present suggestions on the matter on Wednesday.
Far more needed to be done
In its order, the court noted that far more needed to be done by both the BMC and MPCB. The bench also questioned the civic chief on whether he personally conducted surprise inspections and whether action had been taken against violators.
Senior counsel S U Kamdar, appearing for the civic body, responded in the affirmative and informed the court that since November, the BMC had issued 433 show-cause notices for non-compliance with pollution control guidelines and 148 stop-work notices, the news agency reported.
(with PTI inputs)
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