The Bombay High Court on Friday affirmed that a pollution-free environment is a constitutional right and criticized the Maharashtra government, along with other authorities, for their inability to address the issue of air pollution.

A division bench consisting of Chief Justice DK Upadhyaya and Justice Amit Borkar emphasized that citizens' right to live in a pollution-free environment is an essential component of Article 21 of the Constitution.

"Innocent citizens cannot be victims of air pollution and helplessly suffer on such count, due to inaction of the authorities, in taking appropriate, timely and continuous measures," the court said.

In 2023, the bench had taken suo motu cognizance of the deteriorating air quality index in the city and state. On Friday, the court expressed its disappointment, stating that it was "quite pained" to see that little to no effective action had been taken during the current season. The bench noted that the state machinery appears to spring into action only after the court issues orders, highlighting a lack of proactive measures to address the issue.

"There needs to be an inherent will, desire and resolve to curb environmental pollution, and effective and drastic steps in that regard being required to be taken, so that people are not adversely affected on health and other counts, more particularly when Mumbai, being a city of international repute and the commercial capital of the country," the HC said.

"No doubt that development/construction activities and other commercial activities need to go on, however, it cannot be that such activities are undertaken in an uncontrolled manner generating pollution and to the peril and health hazard of lakhs of inhabitants of the city," it added.

The court emphasized the urgent need to address vehicular pollution, particularly along Mumbai's key roads like the Western Express Highway and the Eastern Express Highway. It noted that ongoing road and metro construction projects have led to significant traffic congestion, exacerbating the pollution levels in these areas.

"Traffic management on such roads is inadequate, resulting in severe conditions directly responsible for vehicular pollution, which seriously affects not only nearby residents, but also the environment in its entirety," the bench remarked.

The court instructed the Traffic Department to take immediate steps to alleviate congestion and improve traffic flow throughout the day, aiming to reduce vehicular emissions. It also directed the appointment of nodal officers to monitor pollution levels on critical roads. Additionally, the Maharashtra Pollution Control Board (MPCB) was tasked with deploying machinery to measure pollution and promptly report any violations.