'Right To Pollution-Free Environment Integral To Article 21,' Says Bombay HC; Criticises Authorities For Inaction

Mumbai: The right of the citizens of a pollution free environment is a concomitant of Article 21 of the Constitution, the Bombay high Court has said while pulling up the State government, BMC and the MPCB for their failure to remain vigilant in addressing air pollution.

“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,” a bench of Chief Justice DK Upadhyaya and Justice Girish Kulkarni said.

The court pointed out that vehicular pollution requires urgent attention, particularly along Mumbai’s arterial roads such as the Western Express Highway and Eastern Express Highway, where ongoing road and metro construction works have caused severe traffic congestion.

“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 expressed disappointment over the lack of effective measures by authorities despite worsening air pollution. “It cannot be that only after the Court passes orders, the State machinery would get activated. There needs to be an inherent will, desire, and resolve to curb pollution with effective and drastic steps to protect public health,” the bench stated, emphasizing that development and construction activities cannot proceed unchecked to the detriment of lakhs of citizens.

The court directed the Traffic Department to curb congestion and improve traffic flow throughout the day to reduce vehicular emissions. Nodal officers are to be appointed to monitor pollution levels on key roads, while the MPCB must deploy machinery to measure pollution and report violations promptly. The BMC was instructed to activate sprinklers throughout the day to control dust pollution from construction works and closely monitor small and medium industries for compliance.

The suo motu proceedings, initiated in December 2022 in response to deteriorating air quality levels, highlighted concerns about pollution’s impact on public health. The bench also flagged slow traffic at toll nakas as a contributing factor.

“Every car stops, adding to pollution. Carbon monoxide levels rise due to this. The transport commissioner must be on-site to address this,” Justice Kulkarni said, advocating barrier-free toll nakas.

Expressing frustration at the lack of compliance with previous orders, the court reiterated its directive for the government to urgently appoint 1,310 staff members to the MPCB to enable proper auditing of polluting industries. Authorities were ordered to file detailed compliance reports at the next hearing. The HC has kept the matter for hearing on January 9.