[Air Pollution] Bombay HC Orders Joint Inspection by MPCB and MCGM at 7 Public Project Sites In Mumbai To Check Compliance of Pollution Norms

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Synopsis

The high court has also directed an affidavit to be filed by the Central Pollution Control Board and State Pollution Control Board, explaining how air pollution is measured and monitored in the city. The bench has also asked both authorities to indicate the number of equipment in the city used to measure pollution and whether it is adequate as per CPCB standards.

The Bombay High Court has directed the Maharashtra Pollution Control Board (MPCB) and the Municipal Corporation of Greater Mumbai (MCGM) to conduct a joint inspection at seven public project sites in the city of Mumbai to check whether pollution control norms and regulations are being followed or not.

The seven major public projects include:

  • Road concretization in Bandra.
  • Madhupark road
  • Bullet Train Site.
  • Versova Bandra sea link
  • Mumbai Metro.
  • Mumbai Trans Harbour Link
  • Mumbai Coastal Road.

The high court was hearing a suo moto PIL registered by the high court given the deteriorating Air Quality Index (AQI) in the city of Mumbai.

The high court, on the previous hearing, had issued directions to the authorities to reduce the pollution and also restricted the timing for bursting fire crackers during Diwali.

The division bench comprising Chief Justice Devendra Upadhyaya and Justice GS Kulkarni said that legal action should also be initiated against those flaunting norms.

“As per the report on account activities taken at these sites a lot of dust is being generated which adds to worsening air quality. The report also states that large amounts of construction materials are lying uncovered in some places which according to Amicus also adds considerably to air pollution. In such circumstances, we direct that MCGM and the pollution board shall take steps and pass orders to ensure all norms at least at these sites are followed. We also direct that in case any stakeholders are found to not following law the legal action shall also be taken by MCGM and MPCB,” the order states.

The high court has also directed an affidavit to be filed by the Central Pollution Control Board and State Pollution Control Board, explaining how air pollution is measured and monitored in the city.

The bench has also asked both authorities to indicate the number of equipment in the city used to measure pollution and whether it is adequate as per CPCB standards.

Furthermore, the high court directed the MCGM to develop an application that tracks the actions taken by the authorities in response to complaints regarding pollution in the city.

“The mechanism does not reflect the action taken. We thus direct that mobile app that are dedicated complaint redressal mechanisms shall be provided by creating a dedicated mobile app which inter alia shall also devised in a manner that shall reflect the complaint and action taken. We expect Dr Sathe should advise the authorities on the best technology to use the app,” the bench ordered.

The division bench was informed about the report of a committee constituted by the transport department, which included representatives from the State Pollution Control Board, MMRDA, Police Department, Transport Department, NEERI, Automotive Research Association India, Society of Indian Automotive, IIT Bombay, and an environmental expert.

The high court directed the state government to consider the measures suggested by the committee in the report titled "Report Of The Committee For Identification Of Policy Measures For Reduction In Road Transport Emissions Within Mumbai Metropolitan Region."

“Having regard to the mandate of the committee and taking into consideration the constitution of the committee we are opinion that report needs to be considered by the state government and on consideration we direct that said report shall be considered and decision shall be taken thereon at the earliest within 8 weeks. We direct that the decision to be taken with respect of the transport committee shall be intimated on the next date and in case if the recommendation is not found acceptable the reasons should be indicated.,” the bench said.

The bench will now take up the PIL on 6th February 2024.

Case title: High Court on its own motion