HC slams BMC, MPCB over inaction to curb air pollution in the city

MUMBAI: The Bombay high court on Tuesday pulled up the Brihanmumbai Municipal Corporation (BMC) and the Maharashtra Pollution Control Board (MPCB) for failing to comply with earlier court orders issued to prevent air pollution caused due to construction, industrial waste, and garbage burning.

The court granted six weeks to install pollution monitoring devices at construction sites across the city and ordered them to submit a compliance report by June 12.

The court had taken up the matter suo moto (on its own) in 2023 after noticing the rapid deterioration of air quality in Mumbai. It noted news reports stating that air quality in Mumbai consistently hovered between poor and very poor, with the city ranked seventh in the list of the most polluted cities globally. News reports at the time also highlighted a 30% rise in the number of children with respiratory distress and that particulate matter (PM) in the city was more than double the national standards.

Expressing concern over its impact on vulnerable groups like senior citizens, children and people with co-morbidities, the court appointed senior advocate Darius Khambata to act as amicus curiae—an advocate appointed by the court to assist it in suo moto cases—in the matter.

In January 2025, the court directed MPCB to conduct an audit of industries that contributed to severe pollution across the Mumbai Metropolitan Region (MMR) and submit a compliance report within two months. The court had also ordered the installation of pollution indicators at construction sites.

On Tuesday, senior advocate Janak Dwarkadas, representing city-based environmental organisation Vanashakti, highlighted that the pollution indicator devices have still not been installed by the authorities at construction sites.

He stated that a meeting was held by the MPCB, after which the BMC was instructed to investigate the matter. “The court had issued a direction for the installation. This is not a matter of holding meetings and discussions. There was no need for that. They have not implemented the court’s order,” he added.

Amicus curiae Khambata informed the court that the BMC has involved a third party to carry out the auditing process, yet, it has not been complied with. “At least respect the court’s orders. BMC has no desire to resolve the issue,” he stated.

BMC and MPCB, on the other hand, submitted that they had already put the devices in place and the audit was being carried out with the help of IIT Kanpur and IIT Bombay to study the feasibility and central connection of devices. It assured the court of BMC’s effort in complying with the January 9 order.

However, observing the lax attitude of the authorities, the division bench of chief justice Alok Aradhe and justice MS Karnik granted six weeks to the municipal corporation to comply with the January order. It further expressed its concern over the non-implementation of the pollution indicator devices at the site. “If the devices have not been installed, stop the construction. You cannot sit on court orders,” it said.

With no visible progress at sight even after three months, the court directed BMC to submit its report on the study conducted by IITs on feasibility and central connection of these devices, to be submitted by June 12.

The court further noted the issue of garbage burning openly in Chandivali and the garbage dumping at riverbanks in Ullhasnagar, which has added to the prevailing pollution levels. To deal with the issue effectively, the court directed MPCB to investigate the issue and submit a report by June 12. The court has scheduled the next hearing for June 17.