Mumbai smog: Bombay High Court slams civic bodies for neglecting construction workers’ safety

The Bombay High Court on Tuesday (December 23, 2025) came down heavily on the Brihanmumbai Municipal Corporation (BMC) and Maharashtra Pollution Control Board (MPCB) for failing to protect construction workers from hazardous air pollution, stressing that mere data collection is meaningless without tangible action on the ground. A Division Bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad, hearing a suo motu public interest litigation on Mumbai’s worsening air quality, rebuked MPCB counsel Ashutosh Kumbhakoni for suggesting that enforcement claims needed verification. Chief Justice said, “How do you safeguard the health of workers? Are there any guidelines for project proponents? The workers at construction sites are exposed to severe pollution. You do not care about the poor. That is what is happening. There is nothing for the workers. At least have masks for them. Don’t they have a claim to right to health?” The Bench warned that Mumbai could face a crisis similar to Delhi if authorities continued to ignore compliance. “Once it goes out of hand, nothing remains within your control. We have seen that in Delhi for the last several years,” the Chief Justice observed. The court criticised civic bodies for focussing on Air Quality Index (AQI) monitoring while ignoring on-site mitigation. It reminded officials of their constitutional duty, “Not just as an officer of the court but also as a citizen, you have the duty to protect the environment. It has attained the status of a fundamental right of citizens and a corresponding duty. Convene meetings and take instructions. You have to come up with suggestions, and you should be aware that every suggestion can be scrutinised by the court and other parties.” The Bench also asked why MPCB’s monitoring stations do not raise alarms or issue public health advisories during severe pollution episodes. BMC Commissioner Bhushan Gagrani, who was present in court, was asked by the court, “When was the last time you stepped out of your office and carried out surprise visits in the city?” Mr. Gagrani replied that he had conducted two surprise visits in mid-November and last reviewed compliance on October 28. BMC claims improvement in Mumbai air quality, says GRAP-4 not applicable as of now Senior Advocate S.U. Kamdar, who appeared for the BMC, added that the Commissioner issued directions after receiving certain reports and show-cause and stop-work notices were also issued to project proponents that were found in breach of guidelines. Authorities claimed to have issued 433 show-cause notices and 148 stop-work orders, but the Bench highlighted glaring non-compliance. During informal visits to 20-25 sites, only one near Mumbai airport met basic norms by erecting 35-foot metal barricades. The Bench said, “We do not want the ongoing work to stop; we want compliance and guidelines. That is the bare minimum. It is a result of simple negligence by builders and project proponents.” The Bench questioned why no health advisories were issued for vulnerable groups like children and elderly, despite AQI crossing 300 in several pockets, and asked why the State...

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