Bombay High Court Hints at Diesel Ban Amid Rising Pollution in Mumbai
Bombay High Court Hints at Diesel Ban Amid Rising Pollution in Mumbai
In response to the alarming rise in pollution levels resembling those of Delhi, the Bombay High Court is taking a proactive stance by hinting at a potential ban on diesel vehicles.
Mumbai is experiencing pollution levels similar to those in Delhi, prompting a bench led by Chief Justice DK Upadhayay and Justice GS Kulkarni to emphasize the need for a shift from diesel to CNG and electric vehicles. This discussion arose during a Suo Motu public interest litigation (PIL) from 2023, which addresses the city’s deteriorating air quality. The bench posed the question, “Not to copy Delhi, but can we consider permitting only CNG-driven vehicles and phasing out diesel engines?” They suggested the possibility of phasing out diesel-powered vehicles, although it’s still unclear whether this would be a permanent or temporary measure.
Senior Advocate Darius Khambatta, serving as Amicus Curiae in this case, pointed out that bakeries using kilns or bhattis are the third highest contributors to Mumbai’s air pollution, with red-category industries and construction sites being the top two contributors. In light of this information, the bench proposed several measures to address the situation.
There are two suggestions to consider regarding the issue of air pollution. Bhattis, which are used by bakers and small food establishments, are in question, especially concerning the type of fuel they use. Reports indicate that Mumbai produces over 5 crore buns each year, which could significantly contribute to air pollution. The court inquired whether the Corporation could propose a ban on the use of wood or coal for all bhattis in the city and if there is any existing regulatory framework for these bhattis. They also suggested that new licenses should only be issued if the use of wood and coal is discontinued.
Senior Advocate Milind Sathe, representing the Brihanmumbai Municipal Corporation (BMC), mentioned that the BMC has already sent notices to bakeries still using coal or wood-fired bhattis, urging them to transition to more sustainable baking methods.
Other proposed measures to address air pollution include installing real-time pollution monitors at construction sites and speeding up the audit process for red-category industries. The Bombay High Court has instructed the authorities to audit over 7,000 red-category industries by March 2024, but so far, only 957 have been audited.
The court expressed its concerns about the lack of progress regarding the auditing of red-category industries, noting that out of 7,268 such industries, only 957 have been audited. “What about the rest ?” the court questioned. It criticized the situation, stating that actions are only taken when the court intervenes. The judges highlighted the need for those in charge to be aware of the issues at hand, emphasizing that the situation impacts everyone—advocates, children, and citizens alike—and deemed this state of affairs unacceptable.
The hearing concerning air pollution has been postponed, with a comprehensive order expected to be issued at a later date.
