Pollution-Free Environment Constitutional Right: High Court On Authority’s Inaction

Fri Dec 20 18:01:32 UTC 2024: ## Bombay High Court Slams Maharashtra Government for Air Pollution Inaction

**Mumbai, India –** The Bombay High Court issued a scathing rebuke of the Maharashtra government and other authorities on Friday, declaring a pollution-free environment a fundamental constitutional right and criticizing their inadequate response to the state’s severe air pollution problem.

The court, which initiated the case *suo motu* in 2023 due to concerning air quality indices, expressed deep disappointment at the lack of proactive measures to address the issue. Justice DK Upadhyaya and Justice Amit Borkar stated that the right to a pollution-free environment is intrinsically linked to Article 21 of the Constitution (right to life). They highlighted the unacceptable situation where citizens suffer the consequences of inaction by authorities.

The judges specifically criticized the reactive nature of the state machinery, noting that action is only taken following court orders, rather than through proactive environmental management. The court emphasized the urgent need for a demonstrable commitment to curbing pollution, particularly in Mumbai, a city of international importance. While acknowledging the necessity of development and commercial activities, the court stressed these must not proceed unchecked at the expense of public health and environmental well-being.

The court expressed particular concern regarding vehicular pollution, especially along major arteries like the Western and Eastern Express Highways, where ongoing construction projects exacerbate traffic congestion and pollution levels. The court directed the Traffic Department to improve traffic management to mitigate this issue. Furthermore, the court mandated the appointment of nodal officers to monitor pollution levels on key roads and instructed the Maharashtra Pollution Control Board (MPCB) to utilize monitoring equipment and promptly report any violations.

The Bombay High Court adjourned the case until January 9, 2025, leaving the Maharashtra government under pressure to demonstrate tangible improvements in addressing the state’s air pollution crisis.