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Mumbai: Bombay HC on Thursday questioned the state govt and Maharashtra Pollution Control Board (MPCB) for conducting only 1,000-odd environmental audits of over 7,000 highly polluting industries in the city in more than eight months. To demonstrate the action it has taken, MPCB pointed to show-cause notices that have been issued to bakeries and bhattis that make pao which use wood as fuel, including the iconic Yazdani Bakery in south Mumbai, one of the oldest Irani eateries of the city.
In the notice sent two days prior, Yazdani Bakery was asked to explain why it should not be closed down for using wood as fuel without permission and operating the bakery unit without prior consent.
BMC, through senior counsel Milind Sathe, said bakeries across the city were being told to switch to cleaner fuel within a year. Mumbai is populated with pao makers and bhattis form part of the top three polluters, HC was told. These bhattis may face more heat, BMC and MPCB said.
“We are not comparing Delhi with Mumbai. Mumbai has a locational advantage while Delhi has a locational disadvantage,” said Chief Justice Devendra Kumar Upadhyaya and Justice Girish Kulkarni, while expressing their serious concern at air pollution in the city in a suo motu PIL.
HC said despite its previous orders passed last March, much is left to be done with respect to compliance by the state and asked MPCB lawyer Jyoti Chavan what steps had been taken. She said 1,300-odd posts were sanctioned to ensure audits and monitoring, but only 35 posts were advertised for recruitment. The CJ responded incredulously: “Only 35?” Advocate general Birendra Saraf said the finance department’s approval is also needed and will be taken. “While much needs to be done, steps have been taken by the state, and it has helped reduce pollution in Mumbai,” he said.
Senior counsel Darius Khambata, as amicus curiae (friend of the court), said BMC presents the city with a “Hobson’s choice” (a situation in which there is no real choice at all) over steps to take against ongoing construction that causes immense pollution and questioned why BMC cannot enforce compliance of its norms on such projects.
Justice Kulkarni asked what could be done when the AQI suddenly deteriorates. Senior counsel Janak Dwarkadas for NGO Vanashakti cited how construction sites in Bangkok had a monitor displaying live levels of AQI and sound decibels. He said such devices are available in India and could be used by BMC at construction sites.
The bench asked the civic body to ensure better compliance. It said it would pass further orders.
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