Bombay High Court pulled up NMMC and BMC for poor enforcement of pollution measures across Mumbai and adjoining regions. The bench warned coercive steps, including suspension of Municipal Commissioners’ salaries, if court directions on pollution mitigation are ignored persist.
MUMBAI: The Bombay High Court criticized the Navi Mumbai Municipal Corporation (NMMC) and the Brihanmumbai Municipal Corporation (BMC) for their inadequate implementation of air pollution mitigation measures in Mumbai and its surrounding areas.
A bench led by Chief Justice Shree Chandrashekhar and Justice Suman Shyam warned that coercive actions, including the suspension of salaries for Municipal Commissioners, might be taken if the Court’s directions continued to be overlooked.
The Court was hearing a suo motu public interest litigation concerning the worsening air quality in Mumbai and its vicinity. It expressed frustration over what it deemed a “belligerent disregard and violation” of its orders by the NMMC.
ALSO READ: Bombay High Court Slams “Systemic Failure” in Navi Mumbai Illegal Buildings; Warns Govt Can’t Be a “Passive Spectator”
The bench stated,
“There is a belligerent disregard and violation of this court’s order by the Municipal Commissioner, Navi Mumbai Municipal Corporation, against whom we propose to pass an order directing him not to draw his salaries till this order permits him to do so,”
However, the Court clarified that it was not issuing any immediate orders to halt salaries, emphasizing that it was merely a proposal at this stage.
The bench communicated to the counsel representing both authorities,
“We also maintain certain discipline. Whatever we have recorded we will not recall. We hold against you that we will stop your (NMMC commissioner) salary and his (BMC commissioner) too. This is just a proposal indicating to you. We are not stopping forthwith,”
The bench referred to an affidavit from the NMMC that did not demonstrate any site visits by officers to eleven construction sites identified by court-appointed Advocate Commissioners for violating dust mitigation standards.
The bench remarked,
“We do not find any indication in the affidavit filed by the City Engineer regarding visits by the officers or a team of officers of the NMMC to those 11 sites which fall within its jurisdiction,”
The court also expressed dissatisfaction with the BMC’s efforts, indicating that no substantial progress had been made by the civic body. It cautioned that similar coercive actions could be taken against top BMC officials if non-compliance continued.
It questioned the timeliness of BMC’s actions, stating,
“Only after the court’s order, you have started taking the steps. What have you been doing for the last year? We have given you sufficient opportunity. We need to pass some coercive against you also. We are not sitting here to take stock of the situation and seek a status report in the court. This is your duty to ensure it.”
The Court then requested details on how many air quality monitors had been installed by the BMC up to September of last year and how many were connected to the central dashboard.
Senior Advocate Janak Dwarkadas, representing the NGO Vanshakti, along with Senior Advocate Darius Khambata, amicus curiae in the matter, referred to earlier High Court orders from October 2023. They indicated that these orders had been willfully ignored and that individual responsibilities should be assigned to the officials involved.
They highlighted that nearly 500 construction sites in Mumbai were still operating without sensor-based air quality monitors, despite repeated directives.
After considering submissions post-lunch, the bench stated,
“We have come to a conclusion that there is no genuine and sincere effort made by the BMC. We may pass a similar order as proposed against the NMMC commissioner.”
The High Court urged the BMC to seek additional statutory powers from the Court to impose substantial fines ranging from Rs 5 lakh to Rs 5 crore on offenders, particularly for breaches of dust mitigation and air-pollution regulations at construction sites.
The Chief Justice advised the BMC,
“Seek order from the court. In all socio-economic offences, this is one of the measures. Violators must know that crime does not pay. So similarly, impose such heavy costs that they will think twice before violating the law,”
The case is scheduled for a follow-up hearing on January 27.
Case Title: High Court on its own motion v. State of Maharashtra & Ors.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
