Pollution-Free Environment is Constitutional Right: HC Pulls Up Maharashtra Govt For 'Inaction'

Mumbai: The Bombay High Court on Friday said pollution-free environment was a constitutional right, and pulled up the Maharashtra government and other authorities for their failure to tackle the issue of air pollution.

A division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar said the right of citizens to a pollution-free environment was a concomitant of Article 21 of the Constitution.

"Innocent citizens cannot be victims of air pollution and helplessly suffer on such count, due to inaction of the authorities, in taking appropriate, timely and continuous measures," the court said.

The bench had in 2023 taken suo motu (on its own) cognisance of the issue of poor air quality index in the city and state.

On Friday, the court said it was "quite pained" to learn that hardly any effective steps are being taken in the present season.

The bench said the state machinery gets activated and takes action only when the court passes orders.

"There needs to be an inherent will, desire and resolve to curb environmental pollution, and effective and drastic steps in that regard being required to be taken, so that people are not adversely affected on health and other counts, more particularly when Mumbai, being a city of international repute and the commercial capital of the country," the HC said.

"No doubt that development/construction activities and other commercial activities need to go on, however, it cannot be that such activities are undertaken in an uncontrolled manner generating pollution and to the peril and health hazard of lakhs of inhabitants of the city," it added.

The court said urgent attention is required on vehicular pollution particularly along Mumbai's arterial roads such as the Western Express Highway and the Eastern Express Highway, where ongoing road and metro construction works have caused severe traffic congestion.

"Traffic management on such roads is inadequate, resulting in severe conditions directly responsible for vehicular pollution, which seriously affects not only nearby residents, but also the environment in its entirety," the bench remarked.

The court directed the Traffic Department to curb congestion and improve traffic flow throughout the day to reduce vehicular emissions.

Nodal officers are to be appointed to monitor pollution levels on key roads, while the Maharashtra Pollution Control Board (MPCB) must deploy machinery to measure pollution and report violations promptly.

The high court has kept the matter for hearing on January 9, 2025.

(Except for the headline, this story has not been edited by Republic and is published from a syndicated feed.)