The Bombay High Court said it does not oppose development or construction but stressed the need for strict compliance with pollution-control norms to tackle worsening air quality.
Emphasising workers’ rights, the bench said the right to health is fundamental and directed authorities to issue advisories to protect construction labourers from serious health risks.
Bombay High Court Pulls Up BMC, MPCB Over Failure To Curb Air Pollution
The court criticised the BMC and MPCB for failing to enforce regulations, warning that the situation could soon spiral out of control without immediate action.
Summary
The Bombay High Court on Tuesday sharply criticised civic authorities and the pollution control board, making it clear that while it does not oppose development or construction activity in the city, it expects strict adherence to norms to control air pollution.
A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad observed that authorities had failed to ensure compliance and directed the Brihanmumbai Municipal Corporation (BMC) and the Maharashtra Pollution Control Board (MPCB) to take urgent and meaningful steps to rein in worsening air quality.
"We do not want any construction work or development to stop, but we want compliance. You (authorities) have failed to ensure compliance," the court said, warning that without immediate and effective action, the situation could spiral beyond control.
"If things go out of hand, then nothing will remain within your control," the bench cautioned.
In compliance with the court’s directions issued on Monday, BMC commissioner Bhushan Gagrani and MPCB secretary Devendra Singh appeared before the bench on Tuesday.
"Please come up with suggestions. It will not work like this. Apart from being officers, you too are citizens and have a fundamental duty," the court remarked.
The bench was hearing a batch of petitions highlighting concerns over the city’s deteriorating Air Quality Index (AQI). It also took note of the working conditions at construction sites, particularly the health risks faced by labourers.
Stressing that the right to life applies to all, including the poor, the court asked the MPCB whether it had issued any advisories to protect the health of workers at construction sites.
"You have to issue an advisory for project proponents so that workers' health is not affected. They are exposed to serious health threats. You do not care for the poor," the bench observed.
"At least give them a mask. This is common sense. Right to health is a fundamental right," it added.
Advertisement
The MPCB informed the court that it would submit suggestions on the issue on Wednesday.
In its order, the court noted that far more needed to be done by both the BMC and the MPCB. It also questioned the civic chief on whether he conducted surprise inspections and whether any action had been taken against violators.
Senior counsel S U Kamdar, appearing for the civic body, responded in the affirmative, stating that since November, the corporation had issued 433 show-cause notices for non-compliance with guidelines and 148 stop-work notices.
(with inputs from PTI)
Published At:
Tags