Pollution at Worli: Bombay High Court quashes criminal process against govt bodies

The Bombay High Court has quashed a criminal process issued by a metropolitan magistrate against the Maharashtra State Road Development Corporation (MSRDC), its deputy chairman, the State Environment Department, and the Maharashtra Pollution Control Board. The deputy chairman and the bodies were alleged of not taking proper steps to curb the increasing air and noise pollution at and around Worli Sea Face after the construction of the Bandra-Worli Sea Link.

Justice Mridula Bhatkar, while quashing the process issued in March 2018 said, "In criminal law, it is necessary for the complainant to make a specific case against each accused. The general allegations are not sufficient to issue process against any person."

The process was issued on a private complaint filed by local resident Dileep Nivetia, who claimed, "Government authorities and officers/accused working therein, in those departments, have no inclination to take remedial measures in order to prevent environmental pollution caused by the BWSL at Worli. They have also violated a 2013 order passed by the National Green Tribunal (NGT) directing the authorities to take preventive measures."

The accused opposed the issuance of process by saying that proper procedure under the Environment Act was not followed before issuing a notice. Moreover, the role of said authorities was not to implement rules that come handy with the situation. Justice Bhatkar, after going through the magistrate court order and relevant provisions under the Environment Protection Act and Noise Pollution Rules, held the regulations as "not applicable" in the case.

The bench said "The words used in the sections are industries, processes, and operations. Vehicular traffic is not an industry. It also cannot fall within the meaning of process or operation. The meaning of process and operation is necessarily to be read in context with industry. If any product that is being manufactured does not fall within the ambit of the term industry, it may be covered by terms such as operation or process. Vehicular traffic cannot be included either in industry or operation or process as contemplated under sections of the Act."

The Bandra-Worli Sea Link was made inaugurated on July 1, 2009. Earlier, around 4,000 vehicles would pass the Worli Sea Face area. After the sea link was made, around 35,000 to 40,000 vehicles pass the area daily. The complaint claimed tremendous increase in vehicular traffic in Worli Sea Face area leading to an abnormal increase in air and noise pollution.

Sea Face Chokes

• The Bandra-Worli Sea Link was inaugurated on July 1, 2009 
• Currently, around 35K to 40K vehicles pass the area daily leading to acute air and noise pollution