Mumbai, Jan 29: Noting that repeated directions, compliance affidavits and expert reports have failed to bring down rising air pollution levels in Mumbai, the Bombay High Court on Thursday said that it would constitute a high-powered committee (HPC) to monitor and supervise compliance by municipal corporations and the Maharashtra Pollution Control Board (MPCB).
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad observed that despite sustained judicial monitoring since October 2023, air quality in the city has continued to deteriorate. “There is no dispute that air pollution levels in Mumbai have not gone down. Rather, in December, the levels were reported to be ‘very severe’,” the court said.
Suo motu PIL and affidavits
The court was hearing a suo motu public interest litigation initiated after it took cognisance of alarming air quality levels in the city, following an oral mention by environmental group Vanashakti. Since then, multiple affidavits have been filed by the Brihanmumbai Municipal Corporation (BMC), Navi Mumbai Municipal Corporation (NMMC) and the MPCB, placing on record steps allegedly taken to curb pollution.
However, the bench made it clear that mere filing of affidavits was inadequate. “When we express dissatisfaction, it is not against any individual officer but against the collective efforts of the corporations and the pollution control board,” the court clarified in its detailed order.
Proposal for monitoring body
Amicus curiae Darius Khambata suggested the constitution of a compact, high-powered committee comprising a former Supreme Court judge, a technical expert from IIT and a medical expert, which would examine compliance and submit periodic reports to the High Court. He submitted that the impact of air pollution was not confined to health issues alone but also had serious economic consequences.
The bench agreed on the need for a dedicated body to scrutinise compliance, noting its own limitations. “Given the rising number of cases and limited court time, it may not be possible for this court to examine hundreds of pages of affidavits and reports filed by the corporations and MPCB,” it observed.
Existing committees to continue
At the same time, the court clarified that it did not intend to disband existing technical committees. “We do not want to send a signal that one court passes one order and another court passes a different order,” the Chief Justice said. The court indicated that earlier committees would continue to give technical inputs, while the proposed HPC would verify compliance and assist the court.
Shortcomings flagged
During the hearing, the court flagged several shortcomings, including the absence of air quality monitors at over 477 locations and inadequate inspections of construction sites. It also noted that squads formed by the BMC were inspecting barely one site per day, despite inspections taking only two to three hours.
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Senior advocate Anil Anturkar, appearing for NMMC, supported the idea of a committee to check compliance but opposed granting it powers beyond that. “There is a statutory regime in place. The committee should only submit reports to the court and not interfere with statutory functioning,” he submitted.
The court will pass a detailed order constituting the two-member HPC, headed by a former Supreme Court judge.
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