Bombay High Court Issues Stern Warning to Navi Mumbai Civic Chief Over Pollution Norms Violations
The Bombay High Court has delivered a sharp rebuke to the Navi Mumbai Municipal Corporation (NMMC) commissioner for what it termed as "belligerent disregard" of judicial directives concerning air pollution mitigation measures. In a significant development on Friday, the court explicitly warned that it might issue orders preventing the commissioner from drawing his salary without obtaining prior court permission.
Court's Strong Observations and Proposed Actions
A bench comprising Chief Justice Shree Chandrashekhar and Justice Suman Shyam expressed deep dissatisfaction with the NMMC's failure to comply with environmental orders. The bench noted in its official order: "There is a belligerent disregard and violation of this court's order by the Municipal Commissioner, Navi Mumbai Municipal Corporation, against whom we propose to pass an order directing him not to draw his salaries till this order permits him to do so."
The court extended its criticism to the Brihanmumbai Municipal Corporation (BMC), observing that there had been "no sincere efforts" made by the civic body to address pollution concerns. The bench indicated that if this pattern of non-compliance continues, similar coercive measures might be imposed against BMC's top officials as well.
Specific Concerns Regarding Construction Sites
The High Court was hearing a suo motu Public Interest Litigation (PIL) along with other petitions highlighting the deteriorating air quality in Mumbai and surrounding regions. During proceedings, the court revealed that a Committee of Advocate Commissioners had inspected 11 construction sites within the NMMC jurisdiction that were found violating air pollution mitigation norms.
However, the bench expressed concern that there was "no indication" in the affidavit submitted by the City Engineer regarding visits by NMMC officers to these problematic sites. This apparent lack of oversight and monitoring further aggravated the court's displeasure with the civic authorities.
Broader Implications and Suggested Penalties
In a significant suggestion, the High Court recommended that civic bodies, including the BMC, consider imposing exemplary fines ranging up to Rs 5 crore on those flouting environmental regulations. The court emphasized that such substantial penalties would ensure that violators "think twice before violating the law."
Chief Justice Chandrashekhar specifically advised BMC representatives to seek court orders granting "extra statutory powers" for imposing these substantial costs, ranging between Rs 5 lakh to Rs 5 crore. The Chief Justice remarked: "In all socio-economic offences, this is one of the measures. Violators must know crime does not pay. So similarly, impose such heavy costs that they will think twice before violating law."
Legal Representatives' Submissions and Court's Final Observations
Senior advocates Janak Dwarkadas, representing NGO Vanshakti, and Darius Khambata, serving as amicus curiae in the matter, highlighted that previous High Court orders dating back to October 2023 had been "ignored by authorities with impunity." They stressed the need to fix "specific and individual responsibilities" on concerned officials.
The advocates also pointed out that affidavits filed by the BMC lacked crucial details, including explanations for why approximately 500 construction sites in Mumbai continued operating without mandatory sensor-based air quality monitors.
In concluding remarks, the bench firmly stated: "We have come to a conclusion that there is no genuine and sincere effort made by the BMC. We may pass similar order as proposed against NMMC commissioner." The court has scheduled further hearing for January 27, when additional orders are expected to be issued regarding this critical environmental matter.
