Builder approvals to depend on anti-air pollution safeguards

According to a September 2, 2026, circular signed by Sunil Rathod, chief engineer, development plan department, failure to implement these measures will entail the suspension of licences and revocation of development permission

To make sure developers and architects incorporate air-pollution mitigation measures into their construction projects, the civic administration has introduced a new condition in the approvals process.

Mumbai, India - February 03, 2026: A view of the skyscrapers in the smog at Mahalaxmi, in Mumbai, India, on Tuesday, February 03, 2026. (Photo by Bhushan Koyande/ Hindustan Times)

According to a September 2, 2026, circular signed by Sunil Rathod, chief engineer, development plan department, failure to implement these measures will entail the suspension of licences and revocation of development permission. The new rule, according to Regulation 12 of the Development Control and Promotion Regulations 2034, states that work carried out after a stop-work notice is issued will attract a penalty at 100% of premium rates, “regardless of any concession in regulations under which the development is proposed”.

Civic sources said the Rathod has instructed all deputy chief engineers and other officials of the BMC’s building proposals department to make sure the new regulation is implemented while granting IODs (intimation of disapproval) and amended plan approvals.

The BMC had introduced a series of anti-air pollution measures at construction sites when the AQI in Mumbai started failing in 2024. While civic flying squads conducted inspections and issued stop-work notices, builders did not take the measures seriously.

The civic administration is now turning up the heat after the Bombay High Court’s recent directions in a suo motu public interest litigation on air pollution in Mumbai. The BMC set up a high-power committee headed by the municipal commissioner and has decided to incorporate the new measure at the approvals stage.

Hitesh Thakkar, vice-president, NARDECO Maharashtra, said Mumbai’s right to clean air must remain at the heart of every development decision. “The new measures rightly seek greater accountability for developers and architects in controlling construction-related pollution. Enforcement, however, should be transparent, proportionate and consistent, ensuring that environmental responsibility and sustainable development move together,” he said.

Manoj Daisaria, former president, Practising Engineers, Architects and Town Planners Association, said developers, not architects or licensed surveyors, should be held responsible for making sure air-pollution mitigation measures are incorporated into projects.

Environmentalist Hema Ramani said, “This is a welcome but very delayed step. Builders get huge windfalls in redevelopment projects. It is high time they are held responsible for air pollution.”