Bombay High Court Demands Urgent Action as Mumbai's Air Quality Index Breaches Hazardous Levels

The Bombay High Court has raised serious concerns regarding the deteriorating air quality in Mumbai, with the city's Air Quality Index (AQI) reportedly crossing hazardous thresholds and frequently exceeding 300 in recent days. A division bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad was reportedly hearing a suo motu public interest litigation on pollution, which was initiated in October 2023 and has been tagged with multiple other petitions.

The court was reportedly responding to submissions made by the amicus curiae and representatives from NGO Vanshakti along with other intervenors, who warned that the city was experiencing air quality figures comparable to the severe pollution levels witnessed in 2023. The AQI in some locations was reportedly climbing past 300 and even beyond, prompting urgent calls for intervention.

Court Questions Effectiveness of Existing Pollution Control Measures

The amicus curiae reportedly noted that the AQI was a cause for concern at 200-300 levels in 2023, and the situation was creeping towards those dangerous levels once again. The court reportedly sought clarification on what effective emergency measures were being implemented to combat the worsening pollution scenario. This development comes at a time when Mumbai's new construction guidelines aim to tackle air pollution through stricter regulatory frameworks.

Referring to Delhi's Graded Response Action Plan (GRAP), the court reportedly inquired whether similar staged interventions could be adopted effectively in Mumbai. The GRAP system operates across multiple stages, with Stage 2 being activated when AQI crosses 301, triggering several measures including daily mechanical sweeping of roads, water sprinkling in dust-prone zones, restrictions on construction activity and diesel generators, and traffic curbs or route alterations. Similar measures have been implemented elsewhere, as Pimpri Chinchwad leads Maharashtra's war on pollution with GRAP rollout.

BMC and MPCB Submit Compliance Reports Amid Scrutiny

The High Court reportedly acknowledged that while the Brihanmumbai Municipal Corporation (BMC) and Maharashtra Pollution Control Board (MPCB) had implemented several measures, including 27 listed steps in late 2023, the results had not been adequate. The court reportedly noted that more impactful interventions were clearly required to address the pollution crisis effectively.

Counsel for the MPCB reportedly claimed that compliance reports for pollution hotspots like Chandivli in Powai and Ulhasnagar had been submitted. However, intervenors reportedly highlighted delays and questioned the sufficiency of those reports. The Powai area remains a significant concern for both environmental and real estate stakeholders.

BMC's Updated Standard Operating Procedure Under GRAP Framework

The BMC reportedly stated that it had implemented its version of GRAP and had recently updated its Standard Operating Procedure in response to the worsening air quality. According to the civic body's new plan, Stage 4 measures would be enforced if the AQI remained above 200 for three consecutive days.

These measures reportedly include a ban on open burning, halt on all construction and development activities until AQI improves, dust suppression at construction and demolition sites, and traffic regulation measures in high-pollution zones. The situation mirrors challenges faced in other regions, as the NCR construction ban attempts to balance progress and pollution control.

Real Estate and Construction Industry Implications

The potential halt on construction activities carries significant implications for Mumbai's booming real estate sector. With multiple large-scale Mumbai infrastructure upgrades impacting travel and real estate, any prolonged construction ban could affect project timelines and delivery schedules.

The Dharavi redevelopment project worth INR 95,790 crore and other mega developments could face operational challenges if stringent pollution control measures are enforced. Meanwhile, waste management initiatives in Mumbai are attempting to address debris-related pollution from construction activities.

Judicial Oversight and Compliance Framework

The High Court has reportedly listed the matter as first on board for the following day, where the amicus curiae was expected to submit further recommendations. The bench was reportedly likely to push for faster compliance, stronger oversight, and potentially more radical steps if air quality failed to improve. This judicial intervention follows other significant court directives, including the Bombay HC order for municipalities to integrate with MahaRERA for enhanced transparency.

Understanding Mumbai's Pollution Crisis

Mumbai has reportedly recorded AQI readings above 300 in several areas, pushing air quality into the very poor to severe category. Similar levels were observed in 2023, which had prompted the High Court to initiate suo motu action. For context, AQI levels between 201 and 300 are classified as poor, while readings between 301 and 400 are considered very poor, and anything above 400 is deemed severe.

The pollution crisis has broader implications for public health and urban living quality. As homebuyers increasingly prioritise environmental factors, air quality-focused homes are emerging as India's healthiest real estate trend. Similarly, pollution concerns are pushing NCR homebuyers to seek second homes in hills, a trend that could extend to Mumbai if air quality continues to deteriorate.

Path Forward: Systemic Changes Required

The court's sharp observations reportedly reflect growing judicial impatience with the slow pace of effective pollution control in Mumbai. As air quality worsens and public health risks rise, the legal and civic framework may need to adopt Delhi-like enforcement models, backed by real-time monitoring, compliance audits, and penalties for violations.

With Mumbai's pollution threat no longer seasonal or isolated, the High Court's firm stance may signal a turning point for how India's financial capital tackles environmental degradation. The real estate sector's role in India's net-zero ambition will become increasingly critical as regulatory frameworks tighten.

Disclaimer: This article is intended for informational purposes only. Readers are advised to verify information independently and consult relevant authorities for the latest updates on air quality regulations and construction guidelines. This content does not constitute legal or professional advice.