HC flags ‘drastic’ rise in AQI, tells state to ease traffic jams

Mumbai: Bombay high court on Friday expressed concerns over the recent “drastic” increase of Mumbai’s air quality index (AQI), observing that it has created an “emergent” situation. It posed tough questions to the state over its “inaction”.
HC ordered immediate and urgent action to curb pollution on arterial roads and highways with severe traffic congestions caused by road and/or Metro works. It instructed the state traffic department to ease such traffic not only during peak hours but also through the rest of the day so that pollution from static or slow-moving vehicles is curtailed.
The bench of Chief Justice Devendra Kumar Upadhyaya and Justice Girish Kulkarni was hearing a suo motu PIL on air pollution. It sought a compliance report by Jan 9.
The court asked the state what it had done to comply with earlier directions to alleviate traffic congestion and upgrade mobile vans and air monitoring stations. Citizens have a fundamental right to a pollution-free environment and “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”, it said. “We are at pains to find that none of the directions issued by us are complied with by the different authorities in totality, much less as expected by the court, when issues of serious concern touching human lives due to the impact of air pollution and a matter of serious concern arise in the present proceedings,” it said.
Asserting that the state machinery shouldn’t wait for court orders before initiating action, HC stressed that the authorities are required to not only be vigilant but be “in a continuous action mode to control and/or weed out pollution generated from the different sources”.
It said while development/construction work and other commercial activities are needed, “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”.
The judges orally remarked that once the coastal road ends, it takes an hour to reach the airport and 90 minutes to reach Borivli. “So, you know how much pollution is caused when there is traffic congestion?” asked HC while hearing additional govt pleader Jyoti Chavan for the state and A B Vagyani for Central Pollution Control Board (CPCB).
HC appointed senior counsel Darius Khambata as amicus curiae and passed various orders seeking effective steps and their compliance from the state, CPCB and civic corporations against pollution from various sources like construction sites, vehicles and polluting industries. It directed BMC to activate sprinklers at construction sites, monitor small and medium-scale industries, and take stringent action against polluting units.