Mumbai High Court mandates a comprehensive ‘Pollution Audit’ for Air Polluting Factories in Mumbai, aiming to mitigate environmental damage and ensure public health safety.
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MUMBAI (India CSR): The fight for cleaner air in Mumbai took a positive turn this week. On Monday, the Bombay High Court issued a significant directive to the Maharashtra Pollution Control Board (MPCB). The Court instructed the MPCB to launch a rigorous audit of air pollution caused by industries within the Mumbai Metropolitan Region (MMR).
This audit is a crucial step towards tackling air quality issues in Mumbai. The Court emphasized the importance of starting the process by focusing on “red-category” industries. These industries are designated as posing the most significant threat to air quality due to their heavy pollution levels.
The MPCB, the state’s environmental watchdog, has submitted a roadmap outlining the audit’s execution. This plan details the procedures and timeframe for completing the audit, with an estimated duration of fifteen months.
By focusing on the most polluting industries first, the audit can quickly identify areas where stricter regulations or upgrades to pollution control measures are necessary. This will hopefully lead to a significant improvement in Mumbai’s air quality, making it a healthier and more breathable city for its residents.
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Court Eyes Relocation of Polluting Industries
The Bombay High Court’s directive for a strict pollution audit in Mumbai goes beyond just identifying the culprits. The Court’s recent actions point towards a two-pronged attack on air pollution in the city.
Focusing on Red Category Industries: As previously mentioned, the audit will prioritize “red-category” industries, known for their high pollution potential. These include thermal power plants, large chemical plants, and refineries. By zeroing in on these major polluters first, the audit can quickly pinpoint areas requiring stricter regulations or upgrades to pollution control measures.
Relocation of Polluting Industries: The Court also raised a critical question – does the state have a policy for relocating polluting industries currently operating in residential areas? Justice Kulkarni highlighted the issue of factories nestled amidst residential zones, putting residents’ health at risk. He emphasized the possibility of relocating these industries to designated zones, similar to the shift witnessed in Navi Mumbai, where industrial areas were transformed into residential projects.
This potential relocation policy, coupled with the pollution audit, signifies a comprehensive approach to tackling air pollution in Mumbai. The Court’s vision extends beyond mere identification; it seeks long-term solutions to safeguard the health of Mumbai’s residents and create a cleaner living environment.
The MPCB submitted that there are 7,268 red category industries, 7,841 in the orange category (medium pollution potential) and 10, 614 in the green (having low pollution potential) category in Mumbai Metropolitan Region (MMR).
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Court Demands Action on Mumbai Air Pollution: Implementation, Not Just Plans
The Bombay High Court is pushing for stricter action on air pollution in Mumbai. The Court emphasized the need for implementation, not just plans on paper, from the Brihanmumbai Municipal Corporation (BMC) and the Maharashtra Pollution Control Board (MPCB).
“We see violations everywhere on the streets,” the Court remarked, urging the authorities to actually enforce existing laws and guidelines. They stressed the importance of a “permanent and robust mechanism” to tackle air pollution, moving away from reactive measures.
The HC said that while the BMC and MPCB’s strategy to curb air pollution was there on paper, its implementation was crucial. “It is common knowledge. If you roam around roads in Mumbai, you will find so many violations. Carry your report and you can yourself feel what are violations,” the High Court said to BMC and state lawyers.
“We have law, guidelines… what is important is proper implementation. There has to be a permanent and robust mechanism (against air pollution). Now you have to deviate from the approach that ‘you will dig a well when you are thirsty’.
This is an emergent situation,” the bench added, cautioning that the poor or worse air quality will come back if authorities do not take preventive steps.
The High Court also called for the formation of a statutory commission or mechanism with government officials, experts, and activists. This group would specifically focus on air quality management in the Mumbai Metropolitan Region (MMR) and monitor air pollution concerns.
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“Alarming scenario” of Air Pollution: suo motu PIL
The Bombay High Court was hearing a suo motu PIL and other pleas initiated and filed after noting various news reports — including the “Death by Breath” series of The Indian Express — presented an “alarming scenario” of air pollution, which began in November 2023.
Representing the MPCB, Advocate General Birendra Saraf submitted an affidavit filed through V M Motghare, Joint Director (Air Pollution Control), in which it mentioned steps taken by the pollution control board to reduce emissions in industrial units and other pollution-generating factors.
It also stated that the BMC had provided Rs 60 crore in the financial year 2023-24 and further proposed Rs 360 crore for FY 2024-25 to undertake activities in a “deep clean drive” to reduce air pollution at the ward level.
Air Polluting Factories in Mumbai
There are 7,268 red-category industries in Mumbai
The MPCB submitted that there are 7,268 red-category industries, 7,841 in the orange category (medium pollution potential) and 10, 614 in the green (having low pollution potential) category in MMR. The court also asked the state government and other authorities to sanction the required staff of 1,310 members to MPCB at the earliest “in the broader public interest”.
The court directed that nearly 27 measures suggested in the MPCB affidavit to bring the Air Quality Index (AQI) in the city to a healthy level of 50 to 100 be immediately communicated within two days to the responsible government departments for their consideration.
Such measures include making entries of all MMR toll points without barricades, synchronizing traffic signals, identifying air pollution hot spots, deep cleaning to control roadside dust, 100 percent electrification of auto rickshaws and taxis and staggered working hours for different state departments.
The bench asked an expert panel to give an opinion on source apportionment of air pollution and consider suggestions of petitioners on ill effects of particulate matter 2.5 (PM 2.5) and posted the matter for further hearing to June 20.
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7 FAQs on ‘Pollution Audit’ for Air Polluting Factories in Mumbai
Q1. What has the Bombay High Court directed regarding air pollution in Mumbai?
The Bombay High Court has ordered the Maharashtra Pollution Control Board (MPCB) to start a detailed air pollution audit of industries in the Mumbai Metropolitan Region (MMR), beginning with the high pollution potential red category industries. This audit aims to assess and manage the air quality issues in the region.
Q2. What are red category industries, and why are they significant in this context?
Red category industries are identified as having a high pollution potential and primarily include thermal power plants, large chemical industries, and refineries. They are significant in this context because their operations contribute significantly to air pollution, making them the initial focus for the audit directed by the Bombay High Court to mitigate environmental impact.
Q3. What did the court suggest about industries in residential areas?
The court raised concerns about polluting industries located in or near residential areas, questioning if there was a state policy to relocate such industries to minimize risks to public health. The observation highlighted the need to balance industrial development with residential well-being.
Q4. What steps has the MPCB proposed to tackle air pollution?
The MPCB proposed a road map to complete the air pollution audit within fifteen months. It has also outlined 27 measures to improve the Air Quality Index (AQI) to a healthier range of 50 to 100. These measures include traffic management, identifying pollution hotspots, deep cleaning to control dust, and promoting the electrification of public transport, among others.
Q5. How does the court view the implementation of pollution control measures?
The court emphasized the importance of not just having policies on paper but also the effective implementation of those policies. It criticized the current approach to air quality management and stressed the need for a permanent, robust mechanism to prevent the deterioration of air quality.
Q6. What financial efforts are being made to reduce air pollution in MMR?
For the fiscal year 2023-24, the BMC has allocated Rs 60 crore, and it proposes to increase this to Rs 360 crore for 2024-25 to fund activities aimed at reducing air pollution. These funds are intended to support a “deep clean drive” and other initiatives to improve air quality at the ward level throughout MMR.
Q7. What further steps has the court ordered regarding air pollution management?
The court has instructed that the nearly 27 measures suggested by the MPCB to improve AQI be communicated to relevant government departments within two days for consideration. It also called for the sanctioning of required staff for the MPCB and asked an expert panel to review the source apportionment of air pollution and the suggestions regarding the impacts of particulate matter 2.5 (PM 2.5). The matter is set for further hearing on June 20.
(India CSR)
