On Tuesday, the Bombay High Court, while hearing a suo motu public interest litigation on Mumbai’s deteriorating air quality, came down heavily on the Maharashtra Pollution Control Board (MPCB) and the Brihanmumbai Municipal Corporation (BMC) for failing to take effective steps to protect construction workers exposed to hazardous air conditions.
The matter was heard by a Division Bench headed by the Chief Justice and Justice Gautam Ankhad. The Court examined the role of the MPCB and the BMC in enforcing pollution-control norms at construction sites across the city. Despite the presence of AQI monitoring systems and issuance of notices, the Bench noted that compliance on the ground remained largely absent.
Counsel appearing for the MPCB submitted that he would need to seek instructions from officials regarding the efficacy of measures taken so far. The BMC informed the Court that several show-cause notices and stop-work notices had been issued to defaulting construction sites, while reiterating that steps were being taken to balance development with regulatory compliance.
The Court expressed strong dissatisfaction with the functioning of the MPCB, observing that its officials appeared to be confined to data collection without meaningful enforcement. Highlighting the condition of construction workers, the Chief Justice remarked that even basic safeguards such as protective masks were missing. The Bench reminded the authorities that environmental protection is a constitutional duty and criticised senior civic officials for not conducting adequate site inspections, noting that violations were visible throughout the city.
Clarifying that it was not against development, the Court emphasised that construction must proceed only in strict compliance with pollution-control guidelines. The Bench directed the BMC Commissioner to personally inspect sites across Mumbai and instructed the MPCB to place concrete measures before the Court by the next day, specifically detailing steps to protect construction workers. The matter has been listed for further hearing on Wednesday, December 24.
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