The Bombay High Court on Thursday expressed concern over the recurring issue of air pollution in Mumbai, questioning whether a solution could be found or if citizens would have to endure the annual haze after Diwali indefinitely.
A division bench comprising Chief Justice D.K. Upadhyaya and Justice Girish Kulkarni suggested prohibiting bakeries from using wood and charcoal as fuel, advocating instead for the adoption of CNG and electric vehicles to mitigate the city’s pollution levels.
The bench noted that while authorities are well aware of the causes behind Mumbai's deteriorating Air Quality Index (AQI), it is imperative to implement solutions without delay.
The court had taken suo motu cognizance of the city’s declining air quality in 2023. Reflecting on the situation, the bench observed that despite its 2023 directive allowing the bursting of firecrackers for limited hours during Diwali, the order was not effectively enforced.
"What is the solution in such situations? All this starts every year after Diwali. Broadly, we know the problems and the causes... so now what is the solution? Or do we continue to see this haze every year all over Mumbai? There is such low visibility on some days," the bench said.
The judges emphasized that the pattern of worsening air quality post-Diwali must not continue unchecked, urging authorities to act swiftly to address the issue.
"We saw firecrackers being burst even up to 1 am in the morning despite our orders. The implementing agencies did not follow our orders at all," it said.
The court said it was sorry to note that no proactive measures have been taken by the authorities.
"Only when the court passes orders, something is done. Everyone is affected. You (authorities) clearly need to take more drastic measures. When will the pollution levels come down? Unless something drastic is done the situation won't come under control," the court said.
The bench highlighted the increasing pollution caused by the rising number of vehicles on the road and the use of wood and coal by bakeries across the city.
The court stated that bakeries should now be prohibited from using wood or coal and must transition to gas. It further emphasized the need to encourage the use of CNG or electric vehicles instead of those running on petrol or diesel.
Addressing another major contributor to pollution, the court pointed out the impact of construction activities in the city. It criticized the Brihanmumbai Municipal Corporation's (BMC) stance, which suggested a trade-off between development and clean air, expressing its disapproval.
Senior counsel Milind Sathe, representing the BMC, argued that the civic body's position was neither shocking nor alarming, stating, "We cannot stop development, but we are taking mitigating action." However, the court remarked that the measures taken so far had not effectively improved the situation and stressed the need for stronger initiatives.
The High Court announced its intention to issue a detailed order directing the government and other authorities to implement specific measures to combat the issue.
