The Bombay High Court on Friday said Mumbai’s worsening Air Quality Index (AQI) is a long-term problem, but the pollution caused by construction activities can be controlled swiftly if the existing mitigation guidelines are properly enforced.
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad, hearing a clutch of petitions on deteriorating air quality in the city, constituted an independent five-member committee. The panel will include officials from the Brihanmumbai Municipal Corporation (BMC), the Maharashtra Pollution Control Board (MPCB) and the state public health department. It has been tasked with inspecting construction sites and verifying whether pollution-control norms are actually being followed.
When petitioners’ counsel pointed out that Mumbai’s AQI has worsened every year since 2023, the Chief Justice acknowledged the scale of the problem but added that the city has advantages that can help.
“This will take some time. Delhi has been struggling since more than 15 years now. Mumbai, in fact, has some benefits. In Mumbai, it can be done,” the bench said.
The court emphasised that dust and debris from construction sites can be addressed immediately, observing that meaningful improvement could be achieved “in one to two weeks” if guidelines are strictly implemented.
The bench directed both the BMC and the MPCB to file an action taken report by December 15, detailing steps taken last year to combat air pollution.
The judges said all records pertaining to special squad visits, installation of CCTV cameras and sensor-based pollution monitors at construction sites—measures mandated when permissions were granted—must be open to scrutiny.
Senior advocate Darius Khambata, appointed as amicus curiae, submitted that the 2024 pollution-mitigation guidelines for construction sites—such as CCTV installation, continuous air-quality monitoring and water sprinkling—were not being adhered to on the ground.
Appearing for the BMC, senior advocate Milind Sathe said the corporation has deployed special squads that conduct random inspections.
Khambata also flagged vehicular pollution as another major contributor.
While noting that vehicular emissions require attention, the bench said it would deal with that issue at a later stage to avoid creating ground for arbitrary action.
“They will start impounding and issuing challans. The orders should not lead to harassment of citizens,” the court said, making it clear it does not want enforcement measures to become punitive for ordinary commuters.
