‘Will stop salary’: HC raps BMC, NMMC over Mumbai air pollution

The Bombay high court bench also reprimanded the BMC for not taking rigorous and effective steps to control pollution levels.

MUMBAI: The Bombay High Court on Friday came down heavily on the Brihanmumbai Municipal Corporation (BMC) and the Navi Mumbai Municipal Corporation (NMMC) for their continued failure to curb air pollution, warning that it could stop the NMMC commissioner’s salary for non-compliance with court directions.

Navi Mumbai, India - December 10, 2025: NMMC uses an anti smog gun truck as a preventive measure to tackle Air Pollution at Vashi, in Navi Mumbai, India, on Sunday, November 12, 2023. (Photo by Bachchan Kumar/ Hindustan Times) (HT PHOTO)

The court was hearing a suo motu public interest litigation (PIL) initiated in 2023, along with a batch of intervention applications filed recently amid a sharp deterioration in air quality across the Mumbai Metropolitan Region.

During the hearing, the bench took serious exception to an affidavit filed by the NMMC’s City Engineer on January 20, observing that it was meant to be submitted by the NMMC commissioner himself. Terming it a breach of court orders, the judges warned that they may pass directions preventing the commissioner from drawing his salary “till further orders”, adding that he ought to have been suspended. The court later clarified that the remark was intended as a warning to the civic chief.

The bench also reprimanded the BMC for not taking rigorous and effective steps to control pollution levels. When asked what action it had taken over the past six months, the corporation claimed it had been following all required measures. The court, however, remained unconvinced and told the civic body that it had not done enough, stressing that air quality management was its statutory responsibility. The bench warned that it could consider similar coercive orders against BMC officials as well.

Senior advocate Janak Dwarkadas, appearing for city-based environmental group Vanashakti, told the court that no issue could be prioritised above air quality at present and urged the bench to fix accountability. He suggested setting up a hyper-local air monitoring system on the lines of China, arguing that the “lackadaisical attitude” of authorities would not change unless someone was held personally responsible.

Supporting the submissions, senior advocate Darius Khambata, appointed amicus curiae, informed the court that a five-member expert committee constituted by the bench had identified 36 locations across Mumbai within weeks to collect data and assess ground-level contributors to pollution. He questioned the civic body’s approach over the years and said the committee’s intervention had been necessary to spur the administration into action.

Another intervention application, filed through advocate Pooja Thorat, highlighted alleged discrepancies between AQI figures presented by the civic administration and values reported in the media. The counsel also flagged the absence of a graded response action plan and urged early intervention to prevent Mumbai from slipping into a Delhi-like crisis.

While the BMC denied the allegations and maintained that it was following standard protocols to record AQI, the court called the matter a serious concern, stating that the authorities were offering excuses instead of answers. The bench noted poor implementation of measures such as installing air quality monitors at construction sites and directed the BMC to submit month-wise records from monitoring devices deployed across the city.

The court also questioned the role of the Maharashtra Pollution Control Board (MPCB) and sought details of the steps taken to ensure enforcement of guidelines. Observing that extensive court time was being spent without outcomes, the bench indicated that penal action may be necessary. Directing all authorities to comply with previous orders, the court warned of strict consequences for non-compliance and posted the matter for further hearing on January 27.