Mumbai Air Pollution: Bombay High Court suggests Delhi-like statutory panel to monitor pollution, AQI

The Bombay High Court on Friday suggested the Maharashtra government to consider enacting a law similar to the statutory regime and commission in place for the National Capital Region (NCR) of Delhi to identify and resolve problems related to air pollution and poor air quality index (AQI) in the commercial capital. .A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice GS Kulkarni observed that the commission in Delhi with its wide-ranging powers gave better research to identify air pollution problems. "We request the learned Advocate General to suggest to the Government of Maharashtra, to consider framing such legislation so as to establish a statutory regime, on the issues of air quality management in the city of Mumbai are dealt in a more scientific and effective manner. In our opinion to have such legislation would certainly be a need of the time, so as to have an effective and a robust regime in controlling the ever increasing menace of air pollution, the city of Mumbai is facing. The city needs to be catered on such aspects considering its international significance," the Court said. .The bench was hearing a suo motu public interest litigation on the deteriorating air quality in the Mumbai Metropolitan Region during which it raised concerns about the poor AQI in the city.The bench was informed by the Advocate General Dr Birendra Saraf that all agencies within the State had sprung into emergent action once the court had taken suo motu cognizance. "It is not like they should have waited. The Chief Minister had also convened a meeting. From our side, sincere action is taken. Please see yesterday’s AQI," the advocate general pointed out. "Thanks to the rains!" the Court interjected to drive home the point that rains had led to an improvement in air quality by dissipating the particulate matter in the air. "All you have doing is fine and good enough. (But) it is not a favour, you are doing your duty," the bench added. .It was brought to the Court's attention that bursting of crackers on the occasion of Diwali was less in Mumbai this time around in comparison to other cities.While the Bench appreciated this spirit, it deemed it fit to curtail the time limit for bursting crackers to two hours from the three hours it had earlier granted."In light of the order of the Supreme Court, we modify the earlier direction to two hours, from 8 pm to 10 pm," the Court said.. The bench had earlier directed authorities to ensure that all construction material taken in and out of sites is transported in wholly covered trucks or mixer plants.It had added that no construction debris is to be carried in or out of construction sites till Friday and if the air quality is not improved by then, it would pass an order banning transportation of construction material in and out of sites.Senior Advocate Dr Milind Sathe appearing for the Brihanmumbai Municipal Corporation requested the court on Friday to relax these directions.The division bench appreciated the efforts but also remarked that much was required to be done. "Out of 1623 sites visited by special squad, 1065 notices issued and they were found non compliant. See the percentage. This itself speaks a lot about the situation. Everything is not clear as rosy picture you are trying to paint. Data is clear," the Court said. .Hence, the Court declined to lift the restrictions and said the same will remain in effect till November 19..[Read order]