Introduction:

The Bombay High Court, in a suo moto Public Interest Litigation (PIL) addressing air pollution in Mumbai, has directed the Maharashtra Pollution Control Board (MPCB) to consider conducting a pollution audit for industries in the Mumbai Metropolitan Region (MMR). The court expressed concern over the ‘very alarming’ air pollution situation and urged action to protect public health. The judgment emphasized the need for a pollution audit to assess compliance with emission norms, particularly for industries contributing significantly to pollution in the region.

Arguments of Both Sides:

The petitioner, represented by Advocate General Birendra Saraf, informed the court about a government resolution establishing a high-level committee to combat pollution, mirroring the statutory commission in Delhi. The court criticized public authorities overseeing major projects, highlighting non-compliance with pollution control norms. The amicus curiae, Darius Khambata, pointed out discrepancies in pollution control measures, while Saraf defended ongoing efforts by public authorities, stating that highlighting non-compliance doesn’t negate the work done.

Court’s Judgment:

The court refused to mandate notice to complainants at the pre-trial stage in criminal cases, citing potential delays and lack of statutory obligation. It emphasized existing mechanisms for victims to obtain chargesheets and participate in proceedings. The judgment recognized the seriousness of air pollution and the inadequacies in major infrastructure projects, directing MPCB to conduct a pollution audit. The court threatened to shut down public projects if necessary to combat air pollution and underscored the importance of effective measures for public health.