"Come Up With Suggestions": Bombay Court To Civic Officials On Pollution

The Bombay High Court on Tuesday pulled up the civic authorities and the pollution control board, saying that while it was not against development or halting construction activities in the city, it only sought strict compliance with norms to curb air pollution.

A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad remarked that the authorities have failed to ensure compliance and directed the Brihanmumbai Municipal Corporation (BMC) and the Maharashtra Pollution Control Board (MPCB) to take serious steps to mitigate the spiralling air pollution in the city.

"We do not want any construction work or development to stop, but we want compliance. You (authorities) have failed to ensure compliance," the court said, adding that if immediate and effective steps are not taken now, the situation would become impossible to control.

"If things go out of hand, then nothing will remain within your control," it said.

Following the court's directive on Monday, BMC commissioner Bhushan Gagrani and MPCB secretary Devendra Singh appeared before the bench on Tuesday.

"Please come up with suggestions. It will not work like this. Apart from being officers, you too are citizens and have a fundamental duty," the court said.

The bench was hearing a bunch of petitions raising concerns over the deteriorating air quality index (AQI) in the city.

It also took note of the conditions workers are subjected to at construction sites.

The right to life was applicable to all, including the poor, the court said, while asking the MPCB if it had issued any advisories for construction sites with regard to the health of workers.

"You have to issue an advisory for project proponents so that workers' health is not affected. They are exposed to serious health threats. You do not care for the poor," the bench remarked.

"At least give them a mask. This is common sense. Right to health is a fundamental right," the court said.

The MPCB said that it would come up with suggestions on the issue on Wednesday.

The court, in its order, noted that a lot more needs to be done by the BMC and MPCB.

The bench questioned the civic chief if he steps out of his office to conduct surprise checks and if he has initiated any action against any offender.

Senior counsel S U Kamdar, appearing for the civic body, replied in the affirmative and pointed out that since November, the corporation has issued 433 show-cause notices for non-compliance with guidelines and 148 stop-work notices.

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