The Bombay High Court has recently expressed significant concern regarding the escalating air pollution levels in Mumbai, admonishing the Brihanmumbai Municipal Corporation (BMC) and the Maharashtra state government for their inadequate response to this pressing environmental issue. The court emphasized that citizens possess a constitutional right to a pollution-free environment, as enshrined in Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty.
During the proceedings, the division bench, led by Chief Justice Devendra Kumar Upadhyaya and Justice Girish Kulkarni, highlighted the severe deterioration in Mumbai's air quality, particularly during and after the Diwali festival period. The judges noted that the city's air quality index (AQI) has reached alarming levels, posing serious health risks to its residents. Justice Kulkarni remarked on the visible smog enveloping the city, indicating a substantial increase in pollutants.
The court criticized the authorities for their passive approach, stating that reliance on natural factors like wind to disperse pollutants is insufficient. Justice Kulkarni pointedly remarked, "We cannot always rely on God for winds; show some will to clear air pollution." This statement underscores the court's frustration with the lack of proactive measures from the BMC and the state government to combat air pollution effectively.
A significant portion of the court's criticism was directed towards the management of vehicular emissions and traffic congestion, especially along major thoroughfares like the Western Express Highway and Eastern Express Highway. The ongoing metro and road construction projects have exacerbated traffic snarls, leading to increased vehicular emissions. The court observed that inadequate traffic management contributes directly to rising pollution levels, adversely affecting both the environment and public health.
The bench also addressed the issue of construction dust, a major contributor to particulate matter in the air. It noted that construction activities across the city lack proper dust control measures, further degrading air quality. The court emphasized the need for strict enforcement of environmental regulations at construction sites to mitigate dust pollution.
In response to the court's observations, the Additional Government Pleader acknowledged the severity of the situation and assured the bench that steps are being taken to address the issues raised. However, the court remained skeptical, emphasizing the necessity for tangible actions rather than mere assurances.
The court's intervention comes at a time when Mumbai's residents have been voicing concerns over the declining air quality and its impact on public health. Respiratory ailments have reportedly increased, with vulnerable populations, including children and the elderly, being particularly affected. Environmental activists have long been urging the authorities to implement comprehensive air quality management plans, including the promotion of public transportation, stricter emission norms, and the creation of green spaces to act as urban lungs.
The Bombay High Court's stern remarks serve as a wake-up call for the BMC and the Maharashtra government to prioritize environmental health. The court has directed the authorities to submit a detailed action plan outlining the measures they intend to implement to combat air pollution. This plan is expected to include strategies for traffic decongestion, regulation of construction activities, enhancement of public transportation, and public awareness campaigns about pollution control.
In conclusion, the Bombay High Court's recent admonition highlights the urgent need for coordinated and effective action to address Mumbai's escalating air pollution crisis. By invoking the constitutional right to a pollution-free environment, the court has reinforced the imperative for governmental accountability and proactive measures to safeguard public health and the environment. The onus now lies on the BMC and the Maharashtra state government to demonstrate their commitment to this cause through decisive and sustained action.
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