In a sharp rebuke to civic authorities and builders, the Bombay High Court on Friday declared that Mumbai’s recurring winter air pollution crisis has become “unacceptable” and constituted a special four-member committee to personally inspect construction sites across the city and Navi Mumbai. The suo motu public interest litigation, pending since 2023, saw the division bench of Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad run out of patience with repeated non-compliance of its own orders.
Construction Dust: The Biggest Culprit
The court relied on scientific studies by IIT-Bombay and NEERI that show nearly 60% of Mumbai’s air pollution comes from construction and road dust. Despite a 27-point guideline issued by the Brihanmumbai Municipal Corporation (BMC) – including mandatory metal-sheet/green-net covering, water sprinkling, vehicle covering, CCTV installation and sensor-based pollution monitors – newspaper reports and ground inspections revealed widespread violations.
Senior advocate and amicus curiae Darius Khambata told the court that BMC’s ward-level “special squads” either do not visit sites or deliberately overlook violations.
Court Loses Patience, Forms Its Own Team
Describing the situation as a “recurring and persistent concern”, the bench decided to bypass the civic machinery and constituted an independent committee comprising:
- Ms. Anitta Patil, Conservator of Forests, Sanjay Gandhi National Park
- Advocate Karan Bhosale
- Advocate Namrata Vinod
- Advocate Anant Mallya
The committee has been directed to immediately identify areas recording the worst Air Quality Index (AQI), visit major construction sites and industrial units, and verify on-ground compliance with anti-dust measures. The court clarified that the exercise is purely fact-finding to help frame long-term solutions.
BMC Ordered to Provide Full Logistical Support
In an unprecedented step, the High Court directed the BMC to treat the committee like a court commissioner:
- Provide vehicles, staff and security
- Ensure smooth entry into every construction site
- Appoint Deputy Municipal Commissioner (Engineering) Shashank Bhore as nodal officer
- Make Assistant Municipal Commissioner of every ward the single-point coordinator
The court ordered BMC and Maharashtra Pollution Control Board (MPCB) to instantly circulate Friday’s order to all ongoing construction sites and industrial units via email and WhatsApp.
Civic Bodies Asked to File Fresh Action Plan
Both BMC and MPCB have been directed to file detailed affidavits before the next hearing (15 December 2025, 4:30 pm) spelling out immediate steps and long-term measures to curb air pollution. The court also pulled up authorities for not placing on record any report of an earlier committee constituted in November 2023 – the Registrar General has been asked to summon all pending reports within days.
Builders Cry Shortage of Sensors, NGOs Demand Tree Protection
Real estate body NAREDCO complained that only 13 vendors are authorised by BMC to supply pollution sensors, leading to severe shortages. Environmental NGOs, including Vanshakti, accused authorities of granting building permissions while flouting the Maharashtra (Urban Areas) Preservation of Trees Act, 1975. Suggestions were also made for pre-winter health advisories and free distribution of masks at railway stations and bus stops.
What Happens Next
With Mumbai’s AQI regularly crossing “severe” levels this winter, the court has signalled zero tolerance. The committee’s report due on 15 December is expected to expose the extent of violations and could lead to heavy penalties, stop-work orders, or demolition of non-compliant structures in the next round of hearings.
For the first time in the three-year-old litigation, the Bombay High Court has decided to see the ground reality with its own eyes – a clear message to builders and civic bodies: clean up, or be caught.
Also Read: BMC issues First Air Pollution Notice to a Developer
