Bombay High Court Mulls Constituting Compliance Committee As Authorities Drag Feet On Air Pollution 'Crisis'

The Bombay High Court on Tuesday (January 27) orally expressed reluctance to monitor the efforts taken by the Brihanmumbai Municipal Corporation (BMC), Maharashtra Pollution Control Board (MPCB) and other authorities in bringing down the rising levels of air pollution in Mumbai and its neighbouring areas, stating that it cannot sit in the court and check if the compliances are made.

The division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad has been hearing a Suo Motu PIL pertaining to rising levels of air pollution in the city and its nearby areas. The bench expressed displeasure over the 'slow pace' of authorities to contain air pollution and only waking up from its slumber after court's pass some orders.

"How much time should we deal with such matters? Other matters are waiting for their turn... We have more than 8 lakh pending cases but we are unable to hear them... Should we form a Committee to check for compliances? We can't decide the compliances...The Committee can sit twice a month and see the compliance and once in two or three months, they can forward the reports to us for passing some necessary orders, if any," CJ Chandrashekhar suggested.

The bench once again told the parties to come up with a workable solution to the issue as though the authorities have taken some steps, the same are not sufficient.

The judges also suggested the authorities to come with a dedicated website for the people to understand and know the AQI around their own house or the place they are planning to visit.

"Create a website, put all the details in it... People have a right to know and they must know... It will help people to know what is the AQI around their house and they can take adequate precautions," CJ Chandrashekhar said.

The bench while adjourning the hearing till Thursday afternoon, made it clear to the parties that it was not willing to monitor as it cannot marshal through the voluminous documents being filed on each hearing day.

"We are very serious... We can't monitor this... How can we monitor it like this... Everytime orders are being passed from last 3 years... But we believe a system must be there in place... On the next hearing, come up with suggestions as to who could be made a part of the Committee... We will pass orders then" the CJ made it clear.

On Tuesday, Senior Advocate Darius Khambatta, who is also the Amicu Curiae in the matter, referred to an article published in Lancet Journal titled 'Health and economic impact of air pollution in the states of India: the Global Burden of Disease Study 2019' and stated that air pollution alone accounted for nearly 17.8 per cent of the total deaths in the country, in that particular year.

"As per the study, Air Pollution accounted for more than 17 per cent deaths in India in 2019... This loss is not limited to lives alone it also had nearly 8 million dollars impact on the economy. For the authorities, the lives (of citizens) may be cheap but they can take into account the economic loss. Every year, the pollution is just getting worse... God alone knows what would be the numbers (of Air Pollution deaths) today..." Khambatta submitted.

Further, the Senior Counsel conceded that Air Pollution has had a worse impact on India's economy even more than tariff alone.

"Growth rate is going down... People are dying or becoming handicap... Inefficiency is plummeting," Khambatta contended.

Further, the Amicus referred to two news articles premised on the data given by the Central Pollution Control Board (CPCB), which specifically stated that Mumbai recorded 18 days of 'unhealthy air' this year and Navi Mumbai recorded 15 such days.

"This is based on CPCB data... We are in a crisis... Some shock treatment needs to be given to the authority and also to the entire system..." Khambatta urged.

In his submissions, Khambatta pointed out how China has managed to have 'blue skies' even during the winter season.

"At least 15 years ago, Beijing's AQI was 1700 but today it's normal... All that can be done by Political will which has to be there... We and our children cannot breathe the same as in Bhopal... Though in less proportions but with same long lasting impact..." Khambatta underlined.

Having heard the brief submissions, the bench took the said report and also the news articles on record and adjourned the hearing till Thursday.