Bombay High Court Appoints Retired Justices Amjad Sayed, Anuja Prabhudesai To Monitor Mumbai Air Pollution

Observing that despite clear orders the Brihanmumbai Municipal Corporation (BMC) and also the Maharashtra Pollution Control Board (MPCB) have failed to contain the rising levels of air pollution in Mumbai, the Bombay High Court recently constituted a High Power committee (HPC) comprising retired Justice Amjad Sayed and retired Justice Anuja Prabhudesai.While Justice Sayed is the former Chief Justice of Himachal Pradesh High Court, Justice Prabhudesai is a former judge of the Bombay High Court.A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad took note of the 'lackadaisical attitude' of the authorities in this case. "There is no dispute that the air pollution levels in the city Mumbai has not gone down, rather, in the month of December 2025 it was reported very severe. We are also conscious and there is no dispute at the Bar that the rising number of dockets and the limited hours of time available to the Court is a reason that this Court may not be able to examine all the affidavits filed by the Municipal Corporations and the MPCB and the reports submitted by the Expert Committee. We deem it appropriate to constitute a High Power Committee comprising Amjad Sayed, former Chief Justice of the Himachal Pradesh High Court and Anuja Prabhudessai, former Judge of this Court," the judges said.This HPC, the judges clarified, will be monitoring and supervising compliance with the orders of the High Court and reviewing the reports submitted by the Municipal Commissioner and other officials of the BMC, NMMC (Navi Mumbai Municipal Corporation) and the MPCB."Upon consideration of the material placed before it, the HPC shall make recommendations to the Corporations and MPCB for immediate, medium-term and long- term measures to combat and prevent air pollution in Mumbai and the MMR region, including advising them on the formulation of a Graded Response Action Plan for Mumbai and Navi Mumbai. The HPC may submit its preliminary report to this Court by March 5, 2026 and then on a monthly basis," the judges said. The HPC may also suggest additional measures to ensure effective compliance and reduction of pollution, the judges said, adding that the HPC may seek inputs, as and when required, from Virendra Sethi, Emeritus Fellow, Environmental Science and Engineering, IIT Bombay, and Dr. Indu Khosla, MBBS, DCH, MD (Pediatrics), RCPCH Fellow in Pediatric Pulmonology (UK), and may consult any other expert body if necessary.A further directive is issued to the BMC to extend full logistical support and cooperation, including provision of suitable office space, vehicle, secretarial assistance, and such other infrastructure as the HPC may require. "The HPC may hold meetings either physically or virtually, and may conduct site visits or convene meetings at such locations as it deems appropriate. We expect that the HPC would be meeting once a week initially and then subject to the volume of work. The BMC shall pay each Member of the HPC an honorarium of Rs. 1,00,000 per sitting," the bench ordered. In their detailed order passed on January 23 but made available on Tuesday (Feb 3) evening, the judges pointed out various lapses on part of the civic bodies and the MPCB and also their civic commissioners. The judges said that the civic chiefs are under a duty to identify the erring officers responsible for any lapses on their part in implementation of the guidelines.It noted that the civic bodies failed to place on record, any complaints received on the website or mobile App or through helpline and its operational status and whether if any action was taken on the basis of such complaints. "The attention of the authorities was drawn to seven major public project sites which were generating huge dust and causing severe air pollution but a periodic weekly review of those project sites, viz., Madhu Park, Bullet Train site, Versova-Bandra sea link, Mumbai Metro-3, Mumbai Trans Harbour Link, Mumbai Coastal Road etc. does not seem to be carried out or, at least, any such report is not given to the Court. This is within the sight of everyone that huge construction materials, rubble, earth and soil etc. are lying uncovered even today at several places," the judges pointed out. After perusing the orders and observations made in the present proceedings since its inception from October 2023, the judges said, "The compliance so far made by the Municipal Corporations and the MPCB are not sufficient and satisfactory. This Court has been consistently observing the lackadaisical approach of authorities in ensuring compliance of the authorities despite specific directions. Mere filing of compliance affidavits is not sufficient. When we say unsatisfactory compliance, we are not criticizing the working of any individual but the collective efforts taken by the Municipal Corporations and the MPCB. The concerned authorities might have taken serious steps on their part but the result thereof indicating decrease in pollution level is...

Bombay High Court Appoints Retired Justices Amjad Sayed, Anuja Prabhudesai To Monitor Mumbai Air Pollution

Narsi Benwal

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