Poor AQI: HC stays transportation of construction debris across the city

The Bombay high court has temporarily halted the transportation of construction debris in Mumbai in an effort to combat air pollution. The court has warned that it may also stop the transportation of all construction material if air quality does not improve by Friday. The court has ordered that all trucks carrying construction material must be covered by tarpaulin sheets. The court has also directed state authorities to ensure that firecrackers are only burst between 7pm and 10pm during Diwali.

MUMBAI: The Bombay high court on Monday temporarily stayed the transportation of construction debris across the city in a bid to stem air pollution. The court also warned that it will consider staying the transportation of all construction material, if the air quality index (AQI) of the city does not improve by Friday. As of now, all trucks carrying construction material must be covered by tarpaulin sheets, the court has ordered.

A view of the city skyline engulfed in smog in Mumbai. (PTI)

On Monday, the city recorded an overall AQI of 198, which is classified as moderate. However, more than a dozen areas across the city recorded an AQI between 201 and 300, which is considered ‘poor’.

The division bench of chief justice Devendra Kumar Upadhyaya and justice Girish Kulkarni was hearing a suo-motu public interest litigation regarding the increasing air pollution in the city.

During the course of the hearing on the PIL filed by Mazgaon resident Amar Tike, Anand Jha, who lives in Virar East, and Sanjay Surve, a Dombivali resident, some interveners had urged the court to also stop the bursting of firecrackers during Diwali in the wake of poor AQI, but the court refused to do so. Instead, the court directed the state authorities to ensure that the firecrackers are burst only between 7pm to 10pm, as laid down by the Supreme Court and the National Green Tribunal. “There are several issues. It’s not that easy,” the bench said regarding the demand for banning firecrackers completely. “We have to create some kind of balance.”

The judges initially proposed to stay the transportation of debris and all construction material till after Diwali but advocate general Dr Birendra Saraf and senior advocate Milind Sathe, who represented the Brihanmumbai Municipal Corporation (BMC), opposed it saying it would hamper infrastructure projects and urged the court to allow the trucks to ply covered by tarpauline sheets. The bench, however, asserted that nothing was more important than public health and stayed the transportation of debris till Friday when the bench is likely to take up the matter for further hearing.

“Let’s monitor the AQI for three days,” the bench said. “Meanwhile, it shall be ensured by all concerned that no construction debris is carried into or out of construction sites. It shall also be ensured that ready mix concrete is transported to the construction site in fully covered trucks,” it said. The court also ordered that no burning of waste will be permitted in the open, especially at dumping sites.

The court also directed the BMC to scrupulously follow its own guidelines issued in March and October this year to reduce air pollution, especially that emanating from construction sites. The court said ward officers would be held personally responsible for implementing the guidelines.

On November 1, the court had taken note of newspaper reports highlighting poor air quality in the city. The court had taken up the suo-motu proceedings saying the news articles present “an alarming scenario and one which needs to be urgently addressed and tackled in the welfare and interest of all the residents of Mumbai and its surrounding areas, young and old alike”.

The bench said newspaper reports showed that AQI in Mumbai over past 15 to 20 days has ranged between 150 (moderate) and 411 (severe) and though Brihanmumbai Municipal Corporation of Greater has taken certain steps to reduce and/or mitigate the air pollution, the AQI levels have not improved.

Responding to the order, Thane municipal commissioner Abhijit Bangar said, “We will take steps to comply with the order by taking necessary steps.” CIDCO managing director Anil Diggikar also said they will take steps to curb pollution and follow the High Court order.