Bombay High Court on air pollution: Will Mumbai continue to face haze each year

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The Bombay High Court on Thursday questioned whether a lasting solution to the city’s air pollution problem is possible or if citizens will continue to face severe haze each year after Diwali.

A bench led by Chief Justice DK Upadhyaya and Justice Girish Kulkarni noted that despite understanding the causes of air pollution, concrete solutions remain elusive. “What is the solution in such situations? All this starts every year after Diwali. Broadly we know the problems and the causes… so now what is the solution? Or do we continue to see this haze every year all over Mumbai? There is such low visibility on some days,” the court said.

The court observed that while the authorities are aware of the issues contributing to the city’s deteriorating air quality, immediate and decisive measures are needed.

The bench has been monitoring air pollution in Mumbai since 2023 when it took suo moto cognisance of the problem. On Thursday, the judges pointed out that despite the court’s orders in 2023 to restrict the bursting of firecrackers to specific hours during Diwali, enforcement was lacking.

“We saw firecrackers being burst even up to 1 a.m. despite our orders. The implementing agencies did not follow our orders at all,” the bench said, expressing its disappointment.

The court also raised concerns over the lack of proactive measures by the authorities. “Only when the court passes orders, something is done. Everyone is affected. You clearly need to take more drastic measures. When will the pollution levels come down? Unless something drastic is done, the situation won’t come under control,” the bench stated.

The judges highlighted the impact of increasing vehicle numbers and pollution from bakeries using wood and coal. The court suggested that bakeries switch to gas and encouraged the use of CNG and electric vehicles instead of petrol or diesel-powered cars.

Advocates Darius Khambata, acting as amicus curiae, and Janak Dwarkadas, representing an NGO, pointed out that heavy construction activity significantly contributes to pollution. They criticised the Brihanmumbai Municipal Corporation (BMC) for implying that development must be prioritised over clean air.

Senior advocate Milind Sathe, representing the BMC, defended the civic body’s stance, stating, “We cannot stop development, but we are taking mitigating action.”

The court, however, stressed that these actions have not been sufficient and urged for stronger measures. A detailed order directing the government and other authorities to address the issue is expected.

Published By:

Akhilesh Nagari

Published On:

Jan 10, 2025

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