Poor AQI: HC orders strict monitoring of construction sites, forms five-member panel

Mumbai, Nov 28 The Bombay High Court on Friday said dealing with a poor Air Quality Index (AQI) would take some time, but pollution caused by construction activities in the city can be tackled if the mitigating guidelines are strictly implemented.

A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad constituted an independent five-member committee, comprising officials from the Brihanmumbai Municipal Corporation, Maharashtra Pollution Control Board (MPCB) and the state government's public health department, to inspect construction sites and ascertain whether guidelines are being adhered to.

The court, while hearing a bunch of petitions raising concerns over the deteriorating AQI in Mumbai, directed the BMC and the MPCB to submit an action taken report on December 15 regarding the measures they had taken last year.

The petitioners' counsels pointed out that the AQI in the country's financial capital has been deteriorating each year since 2023.

To this, Chief Justice Chandrashekhar said dealing with the issue would take some time.

"This will take some time. Delhi has been struggling since more than 15 years now. Mumbai, in fact, has some benefits. In Mumbai, it can be done," the court said.

The court also called for an action report from the BMC and MPCB on steps taken by them last year to address the issue of air pollution.

The records about visits by special squads, installation of CCTV cameras, and sensor-based air pollution monitors at construction sites, for which the BMC granted permission, shall be open for scrutiny, it said.

"Let us ensure that construction sites and dust pollution are tackled. It can be done immediately in one to two weeks. That would be some effective measures," the bench remarked.

Senior counsel Darius Khambata, who was appointed by the court to assist it, on Friday said that the guidelines laid down by the court in 2024 for construction sites, including installation of CCTV cameras, sensor-based air pollution monitors and water sprinkling, are not being followed.

Appearing for the BMC, senior counsel Milind Sathe said there are special squads that conduct random checks at construction sites.

Khambata also pointed out that vehicular pollution was flagged as another major source of air pollution.

The bench, however, opined that vehicular pollution can be dealt with easily and at a later stage, and stated that it does not want to pass any order that would give the authorities a chance to take arbitrary action.

"They (authorities) will start impounding and issuing challans. The orders should not lead to harassment of citizens," the court said.