The Bombay High Court on Friday reprimanded the Maharashtra government and local authorities for their lackluster efforts in combating air pollution, declaring that a pollution-free environment is a constitutional right under Article 21.
A division bench, consisting of Chief Justice D.K. Upadhyaya and Justice Amit Borkar, expressed its dissatisfaction with the state’s reactive measures that only come into force following judicial intervention. The bench took suo motu cognizance of the deteriorating air quality index in Mumbai and the broader state in 2023, stressing the urgent need for proactive and substantial action.
The court remarked, “Innocent citizens cannot be victims of air pollution and helplessly suffer due to the inaction of the authorities.” It emphasized the critical nature of continuous, timely, and effective measures to safeguard the health and well-being of the populace, especially in Mumbai—a city of international significance and the commercial capital of India.
Highlighting the specific challenges posed by vehicular pollution along major arteries such as the Western Express Highway and the Eastern Express Highway, the court criticized the inadequate traffic management that exacerbates congestion and pollution. This situation is further aggravated by ongoing road and metro construction projects.
The justices underscored that while developmental and commercial activities must continue, they should not compromise public health or environmental safety. “It cannot be that such activities are undertaken in an uncontrolled manner generating pollution to the peril and health hazard of lakhs of inhabitants of the city,” the court stated.
To address these concerns, the High Court directed the Traffic Department to implement measures to curb congestion and improve traffic flow. Additionally, it ordered the appointment of nodal officers to monitor pollution levels on key roads and mandated the Maharashtra Pollution Control Board (MPCB) to deploy machinery to measure pollution and report violations promptly.
