Mumbai: Amid Maharashtra Pollution Control Board's (MPCB) assertion that there was no leakage of gas at Rashtriya Chemical and Fertiliser Ltd's (RCF) plant at Chembur on Sept 8, 2025, Bombay HC on Tuesday said it would hold it responsible if something happens in the future. "Tomorrow something happens, we'll fasten liability on you," said a bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad.
HC was hearing a suo motu writ petition based on TOI's Sept 9, 2025, report on residents within a 5km radius of the RCF plant complaining of breathlessness, eye and skin irritations and nausea the day prior. They claimed the plant was covered in a thick haze and of being hit by a strong odour of chemicals. RCF had denied any gas leak.
Recalling "the horrors of Bhopal gas leak, which is still continuing and the children of the victims of gas leak are found to have suffered physical deformities", HC had on Sept 9 sought a report from Maharashtra Pollution Control Board (MPCB), and also directed the member-secretary of Maharashtra State Legal Services Authority (MSLSA) to visit the plant and prepare a fact-finding report.
MPCB's Sept 23 affidavit mentioned that RCF and Directorate of Industrial Safety and Health (DISH) said "there has been no gas leakage or any dangerous incident" at the plant. Advocate general Milind Sathe said, "A complaint about a gas leak in Chembur was there but no actual gas leak was found." "There might have been a smell because factories were running," he added. Amicus curiae advocate Karan Bhosale said MSLSA's report referred to citizens' statements of breathing issues, headache, pungent smell and significantly higher levels of benzene.
The judges said residents should have been taken to hospitals and there should have been a medical report. Sathe said reliance should not be placed on media reports. He sought that the MSLSA's report be given to the state. The judges said, "Decide if the [MSLSA] report is fake or the news report is fake." They said they would make the state liable if "something happens", adding it would be "aggravated" liability. Sathe said "whatever was required to be done, we did".
The judges adjourned the matter for two weeks.
Rosy Sequeira is special correspondent at The TImes of India, Mum...
Read MoreRosy Sequeira is special correspondent at The TImes of India, Mumbai\nsince July 2011. She has covered Bombay High Court for over nine years\nwhich includes her earlier stints with other newspapers. Her forte is\non-the-spot accurate reporting. She tries to bring a human face to the otherwise largely\ndrab court proceedings and constantly looks out for judicial observations \nthat strike a chord with the common man.\n
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