Bombay High Court Takes Decisive Action on Mumbai's Air Pollution Crisis
In a significant move to address the persistent air pollution problem in Mumbai, the Bombay High Court has constituted a high-powered committee (HPC) to be led by a former Supreme Court judge. This decision comes in response to the court's observation that air pollution levels in the city have not decreased despite previous directives issued in November 2023.
Court's Concerns Over Insufficient Monitoring and Compliance
The bench, comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad, expressed deep concern over the lack of effective monitoring by civic authorities. The court explicitly stated, "There is no dispute that air pollution in Mumbai did not go down. Rather, in December 2025, it was severe." This alarming assessment highlights the urgency of the situation, particularly as petitions have been filed detailing how children and infants are suffering due to poor air quality index (AQI) levels.
During the hearing of a suo motu Public Interest Litigation (PIL) aimed at tackling air pollution, the court acknowledged the increasing number of cases on its docket. This workload makes it challenging to thoroughly examine all affidavits submitted by corporations and reports from expert committees. Consequently, the formation of the HPC was deemed necessary to ensure continuous and daily oversight of pollution mitigation efforts.
Inadequate Response from Civic Bodies
The High Court criticized the Brihanmumbai Municipal Corporation (BMC) and Navi Mumbai Municipal Corporation (NMMC) for their insufficient compliance with previous orders. The court noted, "We find all compliance affidavits insufficient. Concerned authorities might have taken serious steps on their part, but the result, indicating a decrease in pollution is not coming forth." This statement underscores the gap between actions taken and tangible outcomes in pollution reduction.
Furthermore, the court pointed out that the civic corporations have not adequately reflected on expert panel reports. Details regarding site inspections by their employees were also lacking. The HC emphasized, "We also observed that there is insufficient monitoring of construction sites," despite BMC's earlier commitment in December to conduct such inspections to ensure adherence to pollution mitigation guidelines.
Role and Composition of the High-Powered Committee
The HPC will be tasked with overseeing compliance with the court's directives and providing recommendations to improve air quality in Mumbai and its neighboring areas. The civic bodies are required to provide necessary space, commensurate payments, and assistance to the panel members. While the former Supreme Court judge heading the committee will be named later, former Bombay HC and Supreme Court Judge Justice Abhay Oka has been suggested for this role.
The court clarified that the panel can seek assistance from technical and medical experts, countering objections from civic bodies about including medical professionals. The HC stated, "We did not come across any action or suggestions from any such statutory bodies so far," justifying the need for expert input.
Legal Proceedings and Stakeholder Submissions
The air pollution issue was initially taken up by the High Court in 2023 on its own initiative, with senior counsel Darius Khambata appointed as amicus curiae. Khambata, along with senior counsel Janak Dwarkadas representing NGO Vanshakti and the Conservation Action Trust (CAT), made submissions highlighting the broader impact of air pollution on the national economy.
While senior counsels for BMC and NMMC did not object to the constitution of the HPC for compliance verification, they opposed the amicus' suggestion to establish a compensation mechanism for air pollution victims. They argued that existing laws and statutory bodies should handle this aspect, but the court found their actions lacking thus far.
Court's Balanced Approach and Future Directions
In its order, the High Court adopted a balanced tone, acknowledging the efforts of civic bodies while stressing the need for more effective action. The bench remarked, "You are doing good work but only after HC order," referring to BMC's report of visiting 1,164 sites. However, it added, "We are not inclined to blame you. We don't want to criticise you. You are working… but we want people to breathe pure air."
This formation of the high-powered committee marks a critical step in the judicial oversight of environmental governance in Mumbai. It aims to bridge the gap between policy implementation and actual pollution reduction, ensuring that the city's residents can enjoy cleaner air in the future.
