Bombay HC appoints panel to inspect construction sites for compliance amid deteriorating air quality

The Bombay High Court appointed a five-member team to inspect Mumbai construction sites for air quality compliance, amid rising pollution concerns.

The Bombay High Court on Friday appointed a five-member team to inspect construction sites across Mumbai and verify whether they are complying with guidelines issued to curb air pollution. The panel has been asked to submit its report within a week.

The MPCB mandates regular water sprinkling as a critical dust mitigation measure for builders at construction and demolition sites to control air pollution, specifically PM10 and PM2.5. (HT Archives)

The division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Akhand passed the order while hearing a suo motu public interest litigation concerning Mumbai’s deteriorating air quality. The court took up the matter along with several intervention pleas after Senior Advocate Darius Khambata and Advocate Pooja Thorat jointly mentioned the issue in view of the city’s Air Quality Index (AQI) crossing 300 this month.

Khambata told the bench that despite multiple directions, the Brihanmumbai Municipal Corporation (BMC) had failed to ensure compliance with its own anti-pollution norms. He pointed out that although the city has nearly 1,000 construction sites, only around 400 have pollution-monitoring devices, and of those, merely 117 are functional.

“In April, the BMC said steps were being taken, and the court granted six weeks’ time. That period has long expired,” Khambata submitted, adding that the current situation demands a long-term solution.

Senior Advocate Janak Dwarkadas, appearing for city-based environmental group Vanashakti, said construction sites were generating thick dust clouds but no meaningful enforcement action had been taken. “No BMC official has been held accountable,” he argued.

Representing the civic body, Senior Counsel Milind Sathe informed the bench that each ward has special squads to check violations. “Stop-work notices are issued when discrepancies are found. Work resumes only after compliance,” he said.

Intervenor Advocate Darpan Gupta told the court that despite the worsening AQI, government agencies had issued no health advisory. He said an emergency action plan should be triggered when the AQI crosses 150, including the use of protective masks, limiting outdoor exposure and reducing vehicular movement.

Although the court was informed that a committee already exists to oversee air pollution measures, the bench said an independent assessment was necessary. It appointed a new five-member team comprising one officer each from the BMC and the Maharashtra Pollution Control Board (MPCB), two civil society members and one public health expert.

The court directed the team to conduct an on-ground inspection of construction sites and also examine the steps taken by the BMC and MPCB over the past year, including installation of pollution-monitoring devices and CCTV cameras. It asked both agencies to provide full logistical support, expressing hope that “the step will help the city”.

The bench also ordered the BMC and the state public health department to immediately issue a public health advisory on precautions citizens should take. It suggested that authorities distribute face masks at railway stations and bus stops.

Observing that Delhi has grappled with air pollution for nearly two decades, the court stressed the need for a long-term mitigation plan for Mumbai.