Bombay High Court Affirms Pollution-Free Environment as Constitutional Right, Urges Action from Authorities

The Bombay High Court emphasised on Friday that a pollution-free environment is a constitutional right. The court criticised the Maharashtra government for its inadequate response to air pollution. It stated that citizens should not suffer due to the authorities' inaction. The bench, led by Chief Justice D K Upadhyaya and Justice Amit Borkar, highlighted that this right is linked to Article 21 of the Constitution.

The court expressed concern over the lack of effective measures taken during the current season. It noted that state authorities only act when directed by the court. The bench stressed the need for a genuine commitment to combat environmental pollution. Effective and decisive actions are necessary to protect public health, especially in Mumbai, a city of international significance and India's commercial hub.

Focus on Vehicular Pollution

The court pointed out the urgent need to address vehicular pollution, particularly on Mumbai's main roads like the Western Express Highway and Eastern Express Highway. Ongoing construction projects have led to severe traffic congestion, exacerbating pollution levels. The bench remarked that inadequate traffic management contributes significantly to vehicular emissions, affecting both residents and the broader environment.

The high court directed the Traffic Department to alleviate congestion and enhance traffic flow throughout the day. This would help reduce vehicular emissions. Additionally, nodal officers should be appointed to monitor pollution levels on key roads. The Maharashtra Pollution Control Board (MPCB) must also deploy equipment to measure pollution and promptly report any violations.

Development Activities and Pollution

The court acknowledged that development and construction activities are essential but stressed they should not proceed unchecked. Such activities must not generate pollution that endangers the health of Mumbai's millions of residents. The bench insisted on balancing development with environmental protection to prevent adverse health impacts.

In 2023, the court had taken suo motu cognisance of poor air quality in Mumbai and Maharashtra. On Friday, it reiterated its concern about the lack of effective action by authorities. The high court has scheduled further hearings on this matter for January 9, 2025.

The bench underscored that innocent citizens should not be victims of air pollution due to delayed or insufficient measures by authorities. There must be a proactive approach to tackling environmental issues, ensuring public health is not compromised.