“If Things Slip Out of Hand, Nothing Will Remain Under Your Control”: Bombay High Court’s Stern Warning on Mumbai Air Pollution

Mumbai: Taking a tough stand on the deteriorating air quality in the financial capital, the Bombay High Court on Tuesday strongly reprimanded the Brihanmumbai Municipal Corporation (BMC) and the Maharashtra Pollution Control Board (MPCB) for their failure to effectively curb rising air pollution. The court warned that unless immediate and concrete measures are taken, the situation could soon spiral out of control.

A division bench comprising Chief Justice Chandrashekhar and Justice Gautam Ankhad made it clear that while the court is not opposed to development or ongoing construction activities, strict compliance with environmental norms is non-negotiable. “We are not against development, but rules must be followed. You have failed to ensure compliance,” the bench observed.

During the hearing, senior officials, including BMC Commissioner Bhushan Gagrani and MPCB Secretary Devendra Singh, appeared before the court following its earlier directions. Referring to the worsening Air Quality Index (AQI), the bench remarked that Mumbai is “gasping for breath” and criticized civic authorities for treating the issue with insufficient urgency.

Issuing a sharp warning, the court said, “If things go out of hand, nothing will remain under your control,” underlining the seriousness of the environmental crisis. The judges directed both BMC and MPCB to take immediate, effective, and visible steps to improve the city’s air quality.

The court also emphasized that the right to life under the Constitution applies equally to all citizens, including the poor. It expressed deep concern over the working conditions of construction workers who are constantly exposed to hazardous pollution levels. Questioning the MPCB, the bench asked whether any health advisories had been issued for workers at construction sites.

“You must issue guidelines to project promoters to protect workers’ health. They are exposed to severe health risks. At the very least, provide them with masks. This is basic common sense,” the court said, adding that the right to health is a fundamental right.

Urging officials to go beyond paperwork, the bench told them to come prepared with practical and workable solutions. “You are not just officers; you are citizens too. This is your fundamental duty,” the court remarked.

The bench was hearing a batch of petitions highlighting Mumbai’s alarming air pollution levels. The MPCB informed the court that it would place concrete suggestions and advisories before the bench at the next hearing on Wednesday.

The strong observations from the High Court reflect growing judicial concern over environmental governance in Mumbai and serve as a clear message to civic agencies that cosmetic measures will no longer suffice in tackling the city’s air pollution crisis.