4 months ago
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The Bombay High Court connected Tuesday (December 23, 2025) came down heavy connected the Brihanmumbai Municipal Corporation (BMC) and Maharashtra Pollution Control Board (MPCB) for failing to protect construction workers from hazardous aerial pollution, stressing that specified information postulation is meaningless without tangible enactment connected the ground.
A Division Bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad, proceeding a suo motu nationalist involvement litigation connected Mumbai’s worsening aerial quality, rebuked MPCB counsel Ashutosh Kumbhakoni for suggesting that enforcement claims needed verification.
Chief Justice said, “How bash you safeguard the wellness of workers? Are determination immoderate guidelines for task proponents? The workers astatine operation sites are exposed to terrible pollution. You bash not attraction astir the poor. That is what is happening. There is thing for the workers. At least have masks for them. Don’t they person a assertion to right to health?”
The Bench warned that Mumbai could look a situation akin to Delhi if authorities continued to disregard compliance. “Once it goes retired of hand, nothing remains within your control. We person seen that successful Delhi for the past respective years,” the Chief Justice observed.
The court criticised civic bodies for focussing connected Air Quality Index (AQI) monitoring portion ignoring on-site mitigation. It reminded officials of their law duty, “Not conscionable arsenic an serviceman of the tribunal but besides arsenic a citizen, you have the work to support the environment. It has attained the presumption of a cardinal close of citizens and a corresponding duty. Convene meetings and instrumentality instructions. You have to travel up with suggestions, and you should beryllium alert that each proposition tin be scrutinised by the tribunal and different parties.”
The Bench besides asked wherefore MPCB’s monitoring stations bash not rise alarms oregon contented nationalist wellness advisories during terrible contamination episodes.
BMC Commissioner Bhushan Gagrani, who was contiguous successful court, was asked by the court, “When was the past clip you stepped retired of your bureau and carried retired astonishment visits successful the city?” Mr. Gagrani replied that helium had conducted 2 astonishment visits successful mid-November and past reviewed compliance connected October 28.
BMC claims betterment successful Mumbai aerial quality, says GRAP-4 not applicable arsenic of now
Senior Advocate S.U. Kamdar, who appeared for the BMC, added that the Commissioner issued directions aft receiving definite reports and show-cause and stop-work notices were besides issued to task proponents that were recovered successful breach of guidelines.
Authorities claimed to person issued 433 show-cause notices and 148 stop-work orders, but the Bench highlighted glaring non-compliance. During informal visits to 20-25 sites, lone 1 adjacent Mumbai airdrome met basal norms by erecting 35-foot metallic barricades.
The Bench said, “We bash not privation the ongoing work to stop; we privation compliance and guidelines. That is the bare minimum. It is simply a effect of elemental negligence by builders and task proponents.”
The Bench questioned wherefore nary wellness advisories were issued for susceptible groups similar children and elderly, contempt AQI crossing 300 successful respective pockets, and asked wherefore the State Environment Department had not coordinated with MPCB and BMC to instrumentality exigency measures.
Senior advocator Darius Khambata, appointed arsenic amicus curiae, supported the Bench’s concerns. He told the tribunal that determination was much than a gaffe successful compliance, citing a panel’s findings of violations astatine six large infrastructure projects and respective road-concretisation sites successful Bandra.
He besides flagged that though BMC records much than 1,900 operation sites successful Mumbai, little than 600 person installed AQI monitors, and immoderate sensors remain unlinked. Mr. Khambata urged contiguous enforcement of h2o fogging, covering debris, sensor-based monitoring, and protective gear, stating these are not specified guidelines but transportation the unit of law.
Mr. Kamdar argued that steps were being taken to guarantee compliance and that the civic body was actively monitoring construction sites.
Senior advocator Ashutosh Kumbhakoni for MPCB, argued that the Board had taken steps to monitor air prime and enforce norms but said that claims of compliance needed verification earlier punitive enactment could beryllium taken.
“We spot with unfastened eyes that specified monolithic constructions and gathering sites are not adhering to guidelines. Take your Commissioner across the metropolis and spot however galore are abiding. There are nary metallic sheets of 35 metres or greenish tarpaulin. A batch much has to beryllium done by BMC and MPCB. By tomorrow, the precise archetypal happening we privation to cognize is however you volition support operation tract workers,” the tribunal said.
The proceeding is adjourned to December 24. The Bench added that it is acceptable to beryllium adjacent during abrogation if required.
