A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad said authorities had failed to ensure compliance and directed the Brihanmumbai Municipal Corporation (BMC) and the Maharashtra Pollution Control Board (MPCB) to take serious steps to mitigate spiralling air pollution.
“We do not want any construction work or development to stop, but we want compliance. You have failed to ensure compliance,” the court said, warning that the situation could soon slip beyond control.
“If things go out of hand, then nothing will remain within your control,” it added.
Following the court’s directive issued on Monday, BMC commissioner Bhushan Gagrani and MPCB secretary Devendra Singh appeared before the bench on Tuesday.
“Please come up with suggestions. It will not work like this. Apart from being officers, you too are citizens and have a fundamental duty,” the court said.
The bench was hearing a batch of petitions highlighting the deteriorating air quality index (AQI) in Mumbai. It also took note of conditions faced by workers at construction sites, stressing that the right to life applies to all, including the poor.
The court asked the MPCB whether it had issued advisories for construction sites regarding workers’ health.
"You have to issue an advisory for project proponents so that workers' health is not affected. They are exposed to serious health threats. You do not care for the poor," the bench remarked.
"At least give them a mask. This is common sense. Right to health is a fundamental right," the court said.
The MPCB said that it would come up with suggestions on the issue on Wednesday.
The court, in its order, noted that a lot more needs to be done by the BMC and MPCB.
The bench questioned the civic chief if he steps out of his office to conduct surprise checks and if he has initiated any action against any offender.
Senior counsel S U Kamdar, appearing for the civic body, replied in the affirmative and pointed out that since November, the corporation has issued 433 show-cause notices for non-compliance with guidelines and 148 stop-work notices.
