'Won't give your salary': Bombay High Court pulls up Navi Mumbai civic body commissioner over AQI

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• Bombay High Court warned NMMC chief may lose salary over air pollution lapses
• Court criticized NMMC and BMC for not enforcing pollution control orders.
• Judges suggested fines up to Rs 5 crore for construction sites violating norms

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The Bombay High Court on Friday came down heavily on the Navi Mumbai Municipal Corporation for its handling of air pollution, warning that it may prevent the civic body’s commissioner from drawing his salary without prior court approval over what it described as a “belligerent disregard” of judicial directions.

A bench comprising Chief Justice Shree Chandrashekhar and Justice Suman Shyam noted that officials of the NMMC had repeatedly failed to comply with the court’s orders on pollution control measures. The judges indicated that strong enforcement steps were now being considered.

“There is a belligerent disregard and violation of this court’s order by the Municipal Commissioner, Navi Mumbai Municipal Corporation, against whom we propose to pass an order directing him not to draw his salaries till this order permits him to do so," the bench said in its order.

The court also expressed serious dissatisfaction with the Brihanmumbai Municipal Corporation’s response to air quality concerns, warning that similar coercive action could be taken against its senior officials if lapses continued.

During the hearing, the bench sharply criticised the BMC, observing that action appeared to have been initiated only after judicial intervention. “Only after the court’s order, you have started taking the steps. So what you have been doing since the last one year?" the court asked, adding, “We are not sitting here to take stock of the situation and seek a status report. This is your duty to ensure it."

The observations were made while the court was hearing a suo motu public interest litigation along with related petitions concerning deteriorating air quality in Mumbai and surrounding areas, an issue under judicial consideration since October 2023.

Referring to reports submitted by advocate commissioners appointed by the court, the bench pointed out that 11 construction sites within the NMMC limits were found violating air pollution mitigation norms. The court further noted that there was no evidence to show that NMMC officials had even visited these sites.

“We do not find any indication in the affidavit filed by the City Engineer as regards even the visit by the officers or a team of officers of the NMMC to those 11 sites," the bench observed, calling it a serious lapse in administrative oversight.

In the post lunch session, the court said it had reached a prima facie view that there was “no genuine and sincere effort” by the BMC to tackle air pollution. The bench indicated that salary related restrictions similar to those proposed against the NMMC commissioner could also be imposed on Mumbai’s civic leadership.

The high court further directed civic bodies to consider imposing stringent penalties on violators, suggesting fines ranging from Rs 5 lakh to Rs 5 crore against construction sites and others flouting pollution norms to create an effective deterrent.

“Violators must know crime does not pay," Chief Justice Chandrashekkar said, while suggesting that the BMC seek court permission for “extra-statutory powers” to levy such heavy fines.