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Bombay HC alarmed over toxic air; BMC details compliance andfuture plans

The Bombay High Court on Monday (December 15, 2025) expressed deep concern over Mumbai’s deteriorating air quality, observing, “We have to find a solution, we can’t be living like this,” while hearing a suo motu PIL on air pollution. A Division Bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad, asked the committee to submit a list of requirements to address the crisis after being told that 36 sites have been identified for urgent action.  

The committee informed the court that inspections since December 6 at several locations in Mumbai and Navi Mumbai, including Ready Mix Concrete (RMC) plants, revealed “highly toxic” air quality.

One counsel highlighted the human impact, saying, “Milords, a one-year-old child’s mother has come to you Lordship because the child’s lungs are not developing because of pollution.”

When the Bench asked, “Do you require medical assistance?” the counsel replied, “We are not saying we require medical assistance, we are saying how this problem is affecting children, but no one is monitoring this issue. There are so many road works going on across the city.” 

In its affidavit submitted to the court on Monday, the Brihanmumbai Municipal Corporation (BMC) stated that out of 1,954 ongoing construction works, “a total of 1,020 installations has completed on site, and 397 installations are ongoing.” It added, “As on 11.12.2025, 746 devices have been integrated by CEEW into the central system, while 600 devices are relaying live data.” 

The affidavit noted that “on-site verification of sensor monitors is being carried out by the Ward Level Squads and Stop Work Notices are being issued.” On November 27, “59 Stop Work Notices were issued to the construction sites under aforementioned SOP for implementation of Graded Response Action Plan (GRAP IV) including building construction sites and RMC plants located in Chakala, Malad West, Mazgaon, Siddharth Nagar-Worli, Navy Nagar-Colaba and Deonar.” 

On bakery compliance, BMC said, “As on date, a total of 593 bakeries exist within BMC limits, out of which 209 bakeries were already operating on cleaner fuels, following the notices granting one year for transition, 32 bakeries have converted… after issuance of revised notices granting six months’ time, 25 bakeries have converted and 75 bakeries are presently in various stages of transition.” It added, “246 bakeries remain to be converted, and enforcement action is being taken. All 246 bakeries have been issued notices.” 

For dust mitigation, the affidavit stated, “The BMC is continuing washing roads on a regular basis so as to ensure that the dust particles are not floating in the air. Between November and 8th December 2025, 1,518.35 km of roads were washed and approximately 67.86 tons of dust collected.” It added, “25 nos. of misting machines are being operated throughout the day in 2 shifts (6:00 AM to 6:00 PM).” 

The civic body also outlined long-term projects, “BMC, in collaboration with IIT Kanpur, has initiated ‘Project MANAS’ for establishing a hyperlocal Sensor-based Ambient Air Quality Monitoring network. IIT Kanpur is also developing satellite-based spatial and temporal datasets.” Another initiative, “Project AIRWISE,” with IITM Pune, aims to provide “model-ready air quality intelligence, forecasting, and source attribution system designed specifically for Mumbai and the MMR.” 

The affidavit recorded penalties imposed for violations, “Between June and November 2025, 315 cases of uncovered C&D vehicles and 567 cases of unauthorized C&D dumping attracted penalties totaling ₹40,37,700. Action was also taken against 107 instances of garbage burning.” 

The BMC said, “The BMC has taken series of measures and actions and has also taken initiatives on its own to ensure that the air pollution problem of the city of Greater Mumbai is mitigated to the best possible extent.” 

The court will continue monitoring compliance and directed authorities to submit a comprehensive action plan and will hear the matter on Monday. 

On November 28, the court emphasised that while long-term strategies are necessary, immediate compliance at construction sites can curb pollution swiftly. The court stated, “Ensure that the construction sites and dust pollution are tackled, and it has to be done immediately in one to two weeks’ time.” 

The Bench constituted an independent five-member committee, comprising one official each from the BMC and Maharashtra Pollution Control Board (MPCB), plus two civil society representatives and a public health official, with logistical support and security to inspect sites and submit findings by December 15. 

Appointed amicus curiae senior advocate Darius Khambata observed that of nearly 1,000 construction sites, only 400 had sensors installed and 117 of them were non-functional. He warned against “knee-jerk reactions” and said, “If even installing monitors mandated by the court in 2023 is taking this long, it is concerning.” 

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