Mumbai’s declining air quality index has led the Brihanmumbai Municipal Corporation (BMC) to implement measures against construction sites that are allegedly breaching air pollution regulations. The civic authority has issued a stop-work notice to a demolition site located in Andheri West, alongside imposing a penalty of ₹35,000. This action highlights the BMC’s intensified scrutiny of construction and redevelopment activities within the city’s real estate sector.

The notice was served to a developer at a demolition site in Oshiwara, Andheri West, following multiple complaints regarding dust dispersal in the surrounding area. The BMC identified several infractions, including insufficient covering of construction materials, loose soil and debris left on public roads and footpaths, uncovered cutting and drilling operations, and the lack of an effective dust-extraction system as well as a vehicle tyre-washing facility. This enforcement action was taken under Section 354A of the Mumbai Municipal Corporation Act, 1888.

In addition to the stop-work notice, the BMC has reportedly instructed local police to oversee compliance with the regulations. This move is part of a broader effort to address the air quality crisis affecting Mumbai.

Implications for Developers and Construction Timelines

The recent enforcement actions raise questions regarding the potential for developers to seek extensions on construction timelines if work is halted due to pollution-control measures. Legal experts have indicated that developers might qualify for an extension under Section 6 of the Real Estate (Regulation and Development) Act, 2016. This provision permits the Maharashtra Real Estate Regulatory Authority (MahaRERA) to extend a project’s registration for up to one year in cases of force majeure.

However, any further extensions would be contingent upon specific circumstances and guidelines issued by either the Central or state government. Nilesh Gala, an advocate at the Bombay High Court, noted that if a developer is found to have violated air quality norms, they would not be eligible for an extension, as the delay would stem from their own non-compliance. Conversely, if authorities declare a general suspension of construction activities, the situation may warrant an extension of the construction timeline.

As the BMC continues to enforce air quality regulations, the implications for developers and project timelines remain a critical area of concern. The balance between regulatory compliance and project completion is becoming increasingly complex.

Architects’ Role in Pollution Control

The issue of pollution stemming from construction activities is particularly significant during the demolition of existing structures and the excavation of soil. Architects involved in designing new buildings and securing approvals typically have minimal influence during these phases. Vilas Nagalkar, an architect and member of the Practising Engineers Architects and Town Planners Association (PEATA), emphasised that the execution of demolition and excavation is primarily managed by contractors and execution teams.

Nagalkar further argued that expecting architects to take responsibility for pollution control during these phases is unjustified, as their role is largely limited to planning and design. The actual execution of construction activities, which significantly contribute to dust and pollution, falls outside their purview.

This perspective highlights the need for a comprehensive approach to pollution control in construction, one that recognises the distinct responsibilities of various stakeholders involved in the process. As the BMC continues to enforce its regulations, the collaboration between developers, contractors, and regulatory bodies will be essential in addressing Mumbai’s air quality challenges.

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