Mumbai Air Pollution: Bullet Train, Metro Line 2B, New HC Site Among Polluters; Bombay High Court Calls For Issuance Of 'Stop-Work' Notices

After being informed that there were several major violations of the guidelines to prevent air pollution, by various construction sites in Mumbai and Navi Mumbai, the Bombay High Court on Monday, orally asked the civic authorities to issue 'stop work notices' to all such violators, which include the construction sites of Bullet Train project, Metro 2B Line, proposed new High Court Building among others. 

The division bench of Chief Justice Shree Chandrasekhar and Justice Gautam Ankhad were furnished with a report submitted by the four-member High Court appointed Committee, inspected several sites across Mumbai, which had a poor air quality specifically the Bandra Kurla Complex (BKC) area, Andheri, Vile Parle, Worli, Deonar etc.

When the matter was called out, the bench sought to know from advocate Karan Bhosale, who was also the member of the Committee, as to how many violations (of the guidelines) were found, to which he responded, "Several violations."

Hearing this, the Chief Justice orally remarked, "Now, you (civic authorities) please issue stop work notices to all the violators."

The judges, further sought to know if there were any violations even at the site in Bandra where the new High Court building is proposed, to which an 'affirmative' response was given. 

At this, CJ Chandrashekhar remarked, "We think an impression should not go out that High Court can go scot-free."

Further, during the hearing, Senior Advocate and Amicus Curiae Darius Khambatta read out some observations of the Committee pointing out that most of the constructions sites in Mumbai and Navi Mumbai have been flouting the guidelines, which are mandatory to be adhered to. He explained with examples how some sites having a near 10 acres of land under construction, have displayed only a single sensor device, reflecting the air quality of the area around the project site.

Another example given was of sites with multiple floors, using a single sensor device installed only on the ground floor and that too in a corner. The senior advocate also cited examples of sensor devices being installed inside the construction site and not being displayed to the public, no centralisation of the data reflected in these sensor devices installed at constructions sites etc.

Having heard the brief submissions, CJ Chandrashekhar summoned the Commissioner, Brihanmumbai Municipal Corporation (BMC) and also the Member Secretary, Maharashtra Pollution Control Board (MPCB) to remain present in the courtroom on Tuesday (December 23) without fail.

"We have formed a prima facie opinion that the Municipal Commissioner, BMC and the Member Secretary of the MPCB should personally explain the inaction on the part of the concerned officers of these two authorities. Let them both remain present in the court tomorrow morning," the Chief Justice ordered. 

 The bench was hearing a Suo Motu PIL, which was initiated in October 2023 after considering the rising levels of air pollution in the city of Mumbai and its nearby areas. 

In a previous hearing, a 4-member Committee was constituted by this very bench to inspect various sites in the city and Navi Mumbai to 'verify' the claims of the BMC and MPCB, which have maintained that they are taking all steps to bring down the pollution levels. 

In its inspection report as regards the BKC area, the Committee stated that it visited three major sites: Bullet Train project site, RMC Plant and Metro Line 2B project in the area on December 6.

"Across all three locations, the Committee observed a recurring pattern of incomplete or inconsistent compliance with the pollution control requirements laid down by BMC and MPCB. Even at large, high visibility infrastructure sites, several basic dust management and monitoring systems were either missing, not functioning, or recently installed in a manner that raised questions about routine use. At the Bullet Train project, the Committee found that the barricading height was far below the prescribed level, the AQI monitor had been installed only two days before inspection. CCTV footage from previous days showed trucks without covers, dusty roads, no sprinkling activity and debris that seemed to have been covered only shortly before the Committee's visit. Key areas such as tyre-washing zones were not under CCTV surveillance," the committee stated. 

The RMC plant showed the most serious non-compliance. Out of the 21 mandatory MPCB conditions for RMC operations, the site violated more than half, including uncovered silos, lack of dust control along the periphery, no tyre-washing system, no fogging or sprinkling, absence of CCTV cameras, no waste water treatment facility, and no proper disposal of solid waste from mixer washing. The AQI monitor could not produce any stored data, and staff were unsure whether it was an approved model, the report recorded. 

"At Metro Line 28, many checklist items did not apply due to the nature of work, but even the applicable ones showed non-compliance. The site lacked an AQI monitor, had no CCTV surveillance, and did not have the required barricading. Debris and loose soil were left uncovered. MPCB officials noted that current work (pre-cast girder installation) does not generate major dust, but also clarified that earlier phases like excavation are typically responsible for the highest pollution levels, making continuous compliance important," the report stated. 

As regards the pollution at Government Colony in Bandra East, which is being demolished for constructing the proposed new High Court building, the Committee pointed out that the demolition involved large-scale removal of existing structures, generating massive amounts of dust and debris which were scattered openly across the premises.

"There were no barricades, wet coverings, or dust-suppression mechanisms including sprinklers or smog guns in place. Gas cylinders were observed on the pavement, being used for cutting and sawing steel, carried out in unenclosed spaces immediately adjacent to public areas, creating significant safety and fire hazards. The site was completely devoid of tin sheets, tarpaulin, or jute coverings, leaving debris and dust fully exposed to the surrounding environment. No sensor-based or any form of air pollution monitoring devices were installed, eliminating any capacity for on-site air quality assessment," the Committee said in the report.

Further, the Committee noted that the vehicles transporting construction and demolition waste were uncovered, allowing dust to disperse into public roads and residential areas. There was no CCTV surveillance, tyre-washing facilities, or any supervision to enforce mitigation or compliance.

"The Committee finds that the demolition activities are extremely negligent and dangerously unregulated, posing immediate risks to public health, safety, and ambient air quality," it stated. 

Similar findings were noted in Vile Parle, Andheri, Chakala areas in the Western suburbs and also in Worli, Fort, Colaba, Cuffe Parade etc. which is the city's most posh area often referred to as South Bombay (SoBo).

"In summary, the Committee's assessment is that the Fort and Colaba arca is performing poorly in terms of adherence to the MCGM's construction guidelines. The issues observed were not minor lapses but fundamental shortcomings in basic dust-control and site-management measures. The findings collectively indicate a systemic pattern of low compliance across the Fort-Colaba area, with significant scope for immediate enforcement and corrective action," the report reads. 

As regards the pollution at Deonar, the Committee concluded that construction site violations alone are not a reason for the pollution but even widespread solid fuel burning in slum clusters, and recurring fires in and around the dumping yard all add up to create a sustained pollution burden.

"Without consistent enforcement, regular inspections, and clearer guidelines for pollution generated from slum areas and waste handling zones, air quality in Deonar is unlikely to improve. The Committee's findings reflect a need for a much more co-ordinated and continuous approach to reduce pollution in this high impact region," the committee said.