Bombay HC takes note of Express Mumbai pollution series, seeks response from BMC, state and central agencies

The Indian Express in its ‘Death By Breath’ series, the first set of its series on Mumbai’s pollution published on October 19, highlighted the deteriorating condition of Mumbai’s Air Quality Index (AQI), flagging the scale of the challenge, the glaring gaps between authorities’ intention and implementation and the road ahead.

The Chief Justice said that as per news reports mentioned in another PIL filed by city-based activists, “Air Quality Index (AQI) is indicating that every day and everywhere, the air quality is deteriorating and not a single area in Mumbai is remaining (without deteriorating air quality).”

The bench of CJ Upadhyaya and Justice Arif S Doctor said it will hear a suo motu petition on November 6 along with the PIL filed by city-based activists, seeking directions to the state government and the BMC to curb air pollution in the city and to take immediate steps to enhance the green cover through the plantation of fast-growing trees in public places.

The Court issued notices to the state and Union governments, the BMC, the MPCB, and the CPCB seeking their response.

The HC said it will also include other municipal corporations around Mumbai and pass comprehensive directions as an interim measure on November 6.

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When the PIL by three residents Amar Tike, Anand Jha, and Sanjay Surve came up for hearing, the bench said it would take suo motu cognizance of the issue raising concerns over the bad air quality in the city.

The PIL filed through advocate Prashant Pandey referred to Indian Express reports including “Mumbai holds its breath, alarm bells ring but no one’s listening” published on October 20, and claimed that the air pollution was adversely affecting residents of the city including the children.

The PIL sought direction from HC to authorities to enquire into the working of the Garden and Trees Department of the BMC over the last 10 years and sought details from the authorities of budget allocations made to the said department in the last 10 years and the funds utilised to plant new trees in that period.

The petitioners, who run a campaign called ‘Dream Mumbai a Forest’ to enhance green surroundings in the city, said the people including children are falling ill and developing lung infections owing to extreme pollution and claimed “serious health crisis is looming over the city and its suburbs”.

The PIL, referring to a March 17 report by the Indian Express, ‘Mumbai Climate Action Plan: City lost 2,028 hectares of urban tree cover in 5 years, says study,’ sought direction to the BMC commissioner and the state government to allocate resources for “immediate plantation of fast-growing plants and trees to increase the green cover of Mumbai.”