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It also suggested that bakeries should be prohibited from using wood and coal and batted for CNG and electric cars.
A division bench of Chief Justice D K Upadhyaya and Justice Girish Kulkarni said while all authorities are broadly aware of the problems and the reasons behind Mumbai’s depleting Air Quality Index (AQI), the solution and measures to be taken need to be arrived at immediately.
The bench had in 2023 taken suo moto (on its own) cognisance of the poor air quality in the city and state.
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“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 court noted that in 2023 it had permitted the bursting of firecrackers only for a few hours daily during the Diwali festival but its directive was not implemented at all.
“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 pointed out to the pollution caused due to increasing number of vehicles on the road and also bakeries across the city using wood and coal to make their products.
The court said bakeries should be now prohibited from using wood or coal and switch to gas.
It added that people should be encouraged to use CNG or electric cars instead of the ones running on petrol or diesel.
The court also noted that a significant portion of pollution is caused by construction in the city and was not appreciative of the stand taken by the Brihanmumbai Municipal Corporation (BMC) that a choice has to be made between development and clean air.
Senior counsel Milind Sathe, appearing for the BMC, said there was nothing shocking or horrifying in the civic body’s stance.
“We cannot stop development but we are taking mitigating action,” Sathe said.
The court then said the action has not abated the situation and more measures need to be taken.
The HC said it would pass a detailed order directing the government and other authorities to take certain measures to address the issue.