Bombay High Court orders audit of construction sites to combat Mumbai’s air pollution

The Bombay High Court on Friday (November 28, 2025) emphasised that while improving Mumbai’s overall air quality will require a long-term strategy, immediate steps can be taken to curb dust pollution from construction sites through strict enforcement of existing norms.

A Division Bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad, hearing a batch of petitions on deteriorating AQI levels in the city, constituted an independent five-member committee to inspect construction sites and verify compliance with mitigation guidelines. The panel will include one official each from the Brihanmumbai Municipal Corporation (BMC) and Maharashtra Pollution Control Board (MPCB), two civil society representatives, and a public health official. The team will be provided with logistical support, transport, and security to ensure access to sites. 

The committee is expected to submit its findings within a week, after which the matter will be heard again on December 15. The court also directed the BMC and MPCB to file an action-taken report on measures implemented last year to tackle air pollution.

“Ensure that the construction sites and dust pollution are tackled, and it has to be done immediately in one to two weeks’ time,” the Court said. 

Amicus curiae senior advocate Darius Khambata told the court that dust from construction activities remains one of the biggest contributors to Mumbai’s worsening AQI. He noted that the court had issued 27 detailed guidelines in 2023–24, including mandatory installation of air quality sensors, water sprinkling, and covering vehicles transporting construction material. However, compliance has been poor. Of nearly 1,000 construction sites in the city, only 400 have sensors, and 117 of those are non-functional. Moreover, these sensors are yet to be linked to a central monitoring system.

Mr. Khambata warned against “knee-jerk reactions” whenever AQI spikes, calling for a concerted, long-term plan. “If even installing monitors mandated by the court in 2023 is taking this long, it is concerning,” he said.

The Court expressed dissatisfaction with existing monitoring mechanisms, noting that committees appointed earlier had failed to submit weekly compliance reports since March.

Senior Counsel Milind Sathe, representing the BMC, said special squads conduct random checks and issue stop-work notices for violations. However, Senior Counsel Janak Dwarkadas, appearing for NGO Vanashakti, argued that many measures remain “only on paper” and sought stricter enforcement.

The Court directed the BMC and the state’s public health department to issue an advisory on protecting citizens from air pollution and suggested distributing masks at crowded public spots such as railway stations and bus stops.

The Bench reiterated that while vehicular emissions also contribute to pollution, it would address that later to avoid orders that could lead to harassment of citizens. “Authorities will start impounding and issuing challans. The orders should not lead to harassment,” the Bench observed.