Bombay High Court division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice GS Kulkarni critically evaluated the existing environmental regulations and their enforcement in the city like Air Pollution.
The Bombay High Court on Monday has emphasized the urgent need for preventive measures rather than mere remedial actions. The court’s recent observations highlight the critical state of air quality (Air Pollution) in India’s financial capital and call for immediate and effective implementation of environmental guidelines.
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A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice GS Kulkarni critically evaluated the existing environmental regulations and their enforcement in the city. The justices pointed out the stark gap between legislation and its execution, stating,
“We have the law and rules. What is required is implementation. There has to be a permanent and robust mechanism to ensure implementation. Now we have to change the approach. It cannot be remedial, it has to be preventive. The approach now cannot be that you are thirsty, so you dig a well. Now these are emergent situations.”
The court’s analogy underscores the necessity for a proactive stance on environmental protection, suggesting that measures should be in place before the situation worsens, rather than responding after the fact. This shift from a reactive to a preventive approach in environmental policy could mark a significant turning point in the battle against air pollution in Mumbai.
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Further emphasizing the gravity of the situation, the bench remarked on the widespread non-compliance with environmental norms within the city:
“We find that experts and policymakers are doing a good job but it’s the implementation that causes pain. It is very common knowledge that if you roam around in Mumbai you can find so many violations. Once you carry your own report and see.”
The court’s comments reflect a deep concern over the visible infractions of environmental guidelines in Mumbai, indicating that despite the efforts of experts and policymakers, the lack of effective implementation remains a significant hurdle.
The Bombay High Court’s call to action serves as a critical reminder of the importance of environmental governance and the need for a more stringent enforcement mechanism. By advocating for a shift towards preventive measures, the court aims to catalyze a more aggressive approach to combating air pollution, urging authorities to prioritize the health and well-being of Mumbai’s residents.
This judicial intervention comes at a time when Mumbai, like many other major cities around the world, faces the daunting challenge of balancing economic development with environmental sustainability. The court’s emphasis on preventive measures highlights the urgent need for comprehensive strategies that address the root causes of air pollution, ensuring a cleaner, healthier future for the city. The Court will hear the case next on June 20.
As the situation develops, the Bombay High Court’s stance may inspire similar actions in other jurisdictions, potentially leading to a broader movement for environmental justice and more effective pollution control measures across India.
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