Mumbai Air Pollution: Bombay High Court Appoints Five-Member Team To Monitor Pollution Due To Construction Sites

The Bombay High Court on Friday constituted a five member team to conduct an independent inspection of two areas within Mumbai to check if the construction sites are duly complying with the Brihanmumbai Municipal Corporation's (BMC's) guidelines to bring down air pollution in the city.

A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad said this team will verify the claims of both the BMC and other authorities on one hand and the contentions of the Amicus Curaie, who have been contending that the situation has worsened and Air Quality in Mumbai has deteriorated since 2023.

"We want to get this records of the BMC and the Maharashtra Pollution Control Board (MPCB) to be verified. Because they are making claims that they are monitoring everything and then there is allegation that yet the pollution levels have not come down. Let there be a report from an independent source, which will examine any two specific areas in Mumbai and come back with its report within 10 days," the judges said orally.

The judges, therefore, constituted the new team comprising of officials from the BMC, MPCB, State's Health Department and two members of the civil society.

"Let the team decide which areas they want to inspect and then visit the construction sites there and ascertain if the BMC's guidelines are being complied or not," the judges said.

The bench was hearing a suo motu public interest litigation (SMPIL) which was initiated in October 2023.

On Friday, Amicus Curaie and Senior Advocate Darius Khambatta submitted that there is no record to ascertain if the construction sites, which are major contributor to air pollution in the city, are complying with the 27 point guidelines of the BMC.

As per these guidelines, the construction sites need to mandatorily install sensors, which can reflect the air quality around the site and also adhere to activities like sprinkling of water, covering the vehicles carrying debris, installation of CCTV etc.

"There must be a concerted long-term plan which cannot be merely on paper. There must be stricter implementation. Previously some 12 years ago, then government and drafted a plan and implemented it properly. A long term plan is needed and there cannot be a knee-jerk reaction as and when the pollution levels rise," the Amicus submitted.

Further, Senior Advocate Janak Dwarkadas for NGO Vanshakti urged the bench to issue directives to hold civic officials and also the officials of the MPCB accountable for the breach of earlier orders. He referred to an order passed in November 2023, wherein a committee was constituted to submit daily reports and weekly reports of the ground situation to the High Court.

Last such report was furnished in March 2025, Dwarkadas pointed out.

Meanwhile, the bench referred to the "struggle" of Delhi which is reeling under air pollution for the last 15 to 20 years.

"Delhi is struggling from last 15 to 20 years. But in Mumbai there are some benefits. The goal can be achieved if proper steps are taken," the Chief Justice observed while further clarifying that at present, the major focus would be on dust pollution due to construction sites.

"There are other issues like vehicular traffic etc. that can be taken care of later. But measures for construction sites can be taken immediately in a week or two. Thus, let the new team file their report within 10 days," the Chief Justice said.