Bombay High Court Hints At Diesel Ban Amidst Growing Pollution Concern

Mumbai is currently under the grip of Delhi-like pollution levels and a bench consisting of Chief Justice DK Upadhayay and Justice GS Kulkarni highlighted the importance of transitioning from diesel to CNG and electric vehicles. The Bench was listening to a Suo Motu public interest litigation (PIL) from 2023, which focussed on the city's poor air quality. "Not to copy Delhi, but can we consider permitting only CNG-driven vehicles and phasing out diesel engines"? The bench suggested that diesel-powered vehicles could be phased out. Whether that will be permanent or temporary is yet to be confirmed.

Senior Advocate Darius Khambatta, the Amicus Curiae in this matter, said that bakeries which use kilns or bhattis for baking, are the third highest contributor to Mumbai's air pollution and the top two contributors are red-category industries and construction sites. In response, the bench suggested the following.

"There are two ideas that you may consider. Bhattis are used by bakers and small food places. We are not sure about the fuel used. According to reports, Mumbai produces over 5 crore buns annually. This could be a major source of air pollution. Can the Corporation suggest banning the use of wood or coal for all bhattis in the city? Is there any statutory regulatory regime available for bhattis? Can we impose a condition that new licences will only be issued if they discontinue the use of wood and coal?"

Senior Advocate Milind Sathe, representing the Brihanmumbai Municipal Corporation (BMC), said that BMC has already issued notices to bakeries that still operate coal/wood-fired bhattis, to move to more sustainable form of baking/cooking.

Other ideas to combat air pollution included having a real-time pollution monitor at construction sites and expediting the audit of red-category industries. The Bombay High Court directed the authorities to conduct audit of over 7,000 red-category industries in March 2024 and so far, only 957 have been audited.

"Out of 7,268 red-category industries, only 957 have been audited. What about the rest?" the court asked, criticizing the lack of progress. "Only when the court passes an order, something is done. Why is there such a situation when they are at the helms of affairs? They need to understand what's happening in their house. Everybody is affected-advocates, children, and citizens. This is unacceptable."

The hearing on air pollution was adjourned and a final, detailed order is likely to be passed at a later date.

Source: Bar & Bench