The Bombay High Court ruled that a pollution-free environment is a constitutional right, criticizing the Maharashtra government and other authorities for their failure to address air pollution. A division bench, comprising Chief Justice DK Upadhyaya and Justice Amit Borkar, stated that citizens' right to a pollution-free environment is an integral part 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. In 2023, the bench had taken suo motu cognizance of the deteriorating air quality in the city and state. On Friday, the court expressed being "quite pained" to discover that little progress had been made in addressing the issue during the current season. The bench noted that the state machinery only springs into action and takes measures when ordered by the court.
"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.
The court said the need for urgent attention to vehicular pollution, particularly along Mumbai's key roads like the Western Express Highway and the Eastern Express Highway, where ongoing road and metro construction projects have led to 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.