Bombay High Court calls for preventive measures for air pollution, ‘situation emergent’
The approach to tackle air pollution in Mumbai cannot be remedial any more, it has to be preventive, the Bombay High Court said on Monday, describing the situation in the city as “emergent”.
A Division Bench of Chief Justice D. K. Upadhyaya and Justice G.S. Kulkarni said the law and rules on air pollution were in place, but now their implementation was required. While the air quality index in the city may be satisfactory, it will return to being poor or in the worse category in a few months, it said.
The court was hearing a bunch of petitions and one it had taken up on its own on the rising air pollution in the city in December last year.
The court noted that industries and public projects must be frequently monitored and inspected to ensure compliance with air pollution norms and rules.
“We have the law and rules. What is required is implementation. There has to be a permanent and robust mechanism to ensure implementation,” the court said.
“Now we have to change the approach. It cannot be remedial, it has to be preventive. The approach now cannot be that you are thirsty so you dig a well. Now these are emergent situations,” the Bench said.
“Ultimately what we find is everything is in place on paper. Guidelines are there...enactments are there .... still, why are we facing all this?” the court questioned.
The Bench further said passing mechanical orders will not help. “We should have a statutory mechanism to address all this instead of involving the court,” it said.
The court said the Maharashtra Pollution Control Board was dutybound to ensure all industries and public project sites comply with the norms and rules.
“The problem is during night time emission from industries is more, causing air pollution in the morning,” the court said.
The court posted the matter for further hearing on June 20.