Bombay High Court Directs Maharashtra Govt To Follow Delhi’s Statutory Regime To Improve Poor Air Quality In Mumbai

The Parliament enacted a central legislation, the “Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021” to provide for constitution of the Commission for air quality management in the National Capital Region (NCR) and adjoining areas for better co-ordination, research, identification and resolution of problems surrounding the air quality index.

Accordingly, a bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice G. S. Kulkarni observed, “We have gone through the various provisions of the said Act and the statutory scheme contained therein. By the said enactment, so far as the NCR is concerned, a statutory commission has been constituted with wide ranging powers and functions. The constitution of the said statutory commission is inter alia aimed at research, identification and resolution of problems surrounding the air quality index and for other incidental matters in the national capital region”.

The bench further directed Advocate General Dr. Birendra Saraf to suggest the government to consider framing such legislation to establish to have an effective and a robust regime to control the menace of air pollution in Mumbai. “The city needs to be catered on such aspects considering its international significance”, it further noted.

Senior Advocate Darius Khambata appeared as amicus curiae.

The Commissioner, Municipal Corporation of Greater Mumbai (MCGM) filed an affidavit mentioning the various steps that MCGM took for mitigating the air pollution levels also suggested that more needs to be done in the matter. Further informed the Court of a special squad, formed for ensuring implementation of the guidelines for mitigating the pollution where it visited 1623 sites and notices have been issued to as many as 1065 sites on account of noncompliance of the guidelines. Furthermore, stated that the MCGM has set up a dedicated tab, as also a helpline number 8169681697 to enable the citizens to aid the Municipal Corporation to take action on violations of the guidelines.

On Senior Advocate Milind Sathe’s (representing MCGM) submissions that within the shortest possible time, it would create a special website/mobile app, the bench also directed similar steps to be taken by all the Municipal Corporations within the Mumbai Metropolitan Region (MMR).

Senior Advocate Janak Dwarkadas appearing for Vanashakti, an NGO, submited that vehicular pollution is one of the major contributions to the air pollution.

While following the directions in Arjun Gopal Vs. Union of India reported in (2019) 13 SCC 499, the Court had also modified the direction 7(j) in the earlier order dated November 6, 2023 limited time for bursting firecrackers from 8.00 p.m. to 10.00 p.m.“The directions thus contained in paragraph 7(f) in our order dated 6th November 2023 shall continue to operate till 19th November 2023. If, however, the air quality does not improve, it shall be for the respective Municipal Corporations to impose a ban on transportation of debris outside the construction sites for a longer time”, bench further directed in the order.

The Court in the matter had taken affidavits filed on behalf of Navi Mumbai Municipal Corporation, Kolhapur Municipal Corporation, Mira Bhaindar Municipal Corporation, Kalyan Dombivali Municipal Corporation, Ahmednagar Municipal Corporation, Ulhasnagar Municipal Corporation, Panvel Municipal Corporation, Vasai Virar City Municipal Corporation, Bhiwandi Nizampur City Municipal Corporation and affidavit filed on behalf of the Slum Rehabilitation Authority on record.

The bench has further listed the matter on December 11, 2023.

Cause Title: High Court of Judicature at Bombay on its Own Motion v, The State of Maharashtra & Ors.