Bombay HC orders air pollution audit of red category industries in MMR

MUMBAI: On Monday, the Bombay High Court ordered the Maharashtra Pollution Control Board to carry out a rigorous air pollution audit of industries in the Mumbai Metropolitan Region. 

During the hearing, a division bench of Chief Justice Devendra Kumar Upadhyaya and Justice GS Kulkarni opined that the process can begin with the audit of red-category industries in the first phase. Red category industries have a high pollution potential and include thermal power plants, large chemical industries and refineries.

As the hearing progressed, the Bench also queried the State government about poor implementation of the existing laws to tackle air pollution. Further, the court added that authorities should try and prevent air pollution as opposed to taking remedial measures. The Bench focussed on the implementation of the anti-pollution laws in place. 

“We have the law and rules. What is required is implementation. There has to be a permanent and robust mechanism to ensure implementation. 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 Court said.

The Court’s pertinent observations came while considering a suo motu PIL plea registered in 2023 after concerns highlighting the rising air pollution in Mumbai was brought to the Court’s notice.

On February 6, the bench had directed the State to present a roadmap containing steps to conduct periodic monitoring of polluting industries
The Court further stated that experts and policymakers are doing a good job but it’s the problem is always the implementation. 
Further, the Bench asked the state government if it had a policy to shift polluting industries located in residential areas.

“Certain industries become difficult since they are around residential areas. Does the state have a policy that it is possible to not have such industries (in residential zones) and not have the lives of people at stake and shift it? That is the issue we want to address. There are a large number of industries, which are possibly polluting industries, which can be shifted (to other zones),” the Bench reportedly observed while posting the case for next hearing on March 20.