Expressing strong displeasure over the continuing failure of civic and regulatory authorities to effectively curb air pollution in Mumbai, the Bombay High Court has directed Bhushan Gagrani, the commissioner of BrihanMumbai Municipal Corporation (BMC) and M Devender Singh, member secretary of the Maharashtra Pollution Control Board (MPCB) to remain personally present before it.
A division bench of chief justice Shree Chandrashekhar and justice Gautam Ankhad issued the direction while hearing a suo motu public interest litigation (PIL) on air pollution, stating that the matter would be taken up 'first on board' on Tuesday. The Court made it clear that it expected accountability from the highest levels of the civic administration.
The bench has been monitoring the issue since 31 October 2023, when it took suo motu cognisance of the deteriorating air quality index (AQI) in Mumbai and expressed concern over the impact of pollution on public health. A month later, the Court constituted an expert committee comprising an environmental expert, an IIT expert and a retired principal secretary to assist it in addressing the crisis.
On Monday, the Court again flagged the seriousness of the situation, observing, “We have to find a solution, we can’t be living like this.”
The observation followed the committee's notification to the bench that inspections conducted since 6 December 2025 at multiple locations in Mumbai and Navi Mumbai, including ready-mix concrete plants, had revealed 'highly toxic' air quality levels. According to the committee, 36 sites had been identified for urgent intervention.
In an affidavit filed on Monday, BMC detailed the steps it claimed to have taken to control pollution. It said that of 1,954 ongoing construction sites, 1,020 installations had been completed and 397 were in progress. As of 11 December 2025, 746 sensor devices had been integrated into the central system by the council on energy, environment and water, while 600 devices were relaying live data, it added.
According to the civic body, ward-level squads were conducting on-site verification of sensor monitors and issuing stop-work notices where violations were found. It stated that on 27th November, 59 stop-work notices are issued to construction sites and RMC plants across areas such as Chakala, Malad West, Mazgaon, Worli, Colaba and Deonar under the graded response action plan (GRAP) IV.
BMC also presented data on bakery compliance to the court, stating that of the 593 bakeries operating within its limits, 209 were already using cleaner fuels. It stated that 32 bakeries had converted after being granted one year for transition, while a further 25 had switched after receiving revised notices granting six months’ time. However, 246 bakeries were yet to convert and enforcement action was underway against all of them.
Regarding dust mitigation, BMC informed the Court that it washes roads regularly to prevent dust from becoming airborne. Between November and 8 December 2025, around 1,518km of roads are washed, resulting in the collection of about 67.86 tonnes of dust. It added that 25 misting machines were being operated daily in two shifts from 6am to 6pm.
The affidavit also outlined longer-term initiatives, including ‘Project MANAS’, being implemented in collaboration with IIT Kanpur to establish a hyperlocal sensor-based air quality monitoring network, and ‘Project AIRWISE’, being developed with IITM Pune to provide air quality forecasting and source attribution for Mumbai and the Mumbai Metropolitan Region.
BMC further informed the Court that penalties had been imposed for violations. Between June and November 2025, penalties amounting to Rs40.37 lakh were levied in 315 cases of uncovered construction and demolition vehicles and 567 cases of unauthorised dumping. Action was also taken against 107 instances of garbage burning.
Despite these submissions, the Court remained unconvinced about the pace of compliance. Earlier, on 28th November, the Bench had emphasised that while long-term strategies were important, immediate action at construction sites could significantly reduce pollution within one to two weeks. It subsequently constituted an independent five-member committee, including representatives from the BMC and MPCB, civil society members and a public health official, to inspect sites and submit findings.
Senior counsel Darius Khambata, who has been appointed as amicus curiae, pointed out that of nearly 1,000 construction sites, only about 400 had sensors installed, and 117 of those were non-functional. Warning against 'knee-jerk reactions', he told the Court that the delay in implementing monitoring mechanisms mandated as far back as 2023 was a matter of serious concern.
The Court has directed authorities to submit a comprehensive action plan and stated that it will continue to closely monitor compliance when the matter comes up for further hearing.
