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With the Air Quality Index (AQI) in Mumbai hovering around 200 (poor) for a few days now, the Bombay High Court on Saturday came down heavily on the Maharashtra government and other authorities and asked them to take effective measures to curb pollution in the city.
Citing the right of citizens to a pollution-free environment as a concomitant of Article 21 of the Constitution, the court said that the authorities are required to be not only vigilant but in a continuous action mode to control and weed out pollution generated from different sources.
“Innocent citizens cannot be victims of air pollution and helplessly suffer on such counts, due to inaction of the authorities, in taking appropriate, timely and continuous measures,” it said.
The average 24-hour AQI in most areas of Mumbai was recorded at around 200 on Friday as well.
The bench of Chief Justice DK Upadhyaya and Justice GS Kulkarni said that Mumbai’s present air pollution situation is quite drastic and a matter of common knowledge, questioning whether the authorities are serious about alarming levels of pollution and whether they have taken adequate requisite steps to control it.
The court further lashed out at the authorities for their inaction, saying that it is ‘pained’ to see hardly any effective steps are being taken to curb the pollution menace. The court further said that the state machinery should initiate action and not wait for the court to pass an order.
“There needs to be an inherent will, desire and resolve to curb environmental pollution and effective and drastic steps in that regard are required to be taken, so that people are not adversely affected on health and other counts, more particularly when Mumbai is a city of international repute and the commercial capital of the country,” the bench said.
The court emphasised that while development and commercial activities are essential, they must be conducted in a controlled and responsible manner to prevent pollution and safeguard the health of millions of city residents.
The High Court also noted that it did not have an alternative but to seek an appropriate detailed compliance affidavit to be filed by different authorities placing on record the up-to-date compliance.
Pointing to certain measures, the bench said that they needed to be immediately addressed by the authorities.
The court also highlighted the urgent need to address vehicular pollution on Mumbai’s arterial roads, including the Western Express Highway, Eastern Express Highway, and other key thoroughfares. These areas are experiencing severe traffic congestion caused by ongoing road and metro construction projects.
The court called out the poor traffic management on such roads, directing the traffic department and Maharashtra government to take measures to ensure decongestion on these stretches throughout the day and not only during peak hours.
Furthermore, the bench also directed civic authorities to activate sprinklers throughout the day to contain construction and dust pollution, also calling for ward-wise monitoring of Small and Medium Scale Industries in Mumbai, so that the pollution generated by these industries is kept in check.
Regarding industrial pollution, the Maharashtra Pollution Control Board has been directed to vigorously monitor and report if any drastic actions need to be taken against the polluting units.
