Mumbai’s deteriorating air quality index (AQI) has prompted the Brihanmumbai Municipal Corporation (BMC) to take action against construction sites violating air pollution guidelines, bringing construction and redevelopment activities under greater scrutiny in the city’s real estate market.
The civic body recently issued a stop-work notice to a demolition site in Andheri West and imposed a penalty of ₹35,000. In a separate move, it also temporarily suspended a rule holding architects and licensed surveyors accountable for dust pollution, according to media reports.
The BMC recently issued a stop-work notice to a developer at a demolition site in Oshiwara, Andheri West, following complaints of dust spreading across the neighbourhood.
The civic body cited several violations, including inadequate covering of construction materials and debris, loose soil and debris dumped on roads and footpaths, uncovered cutting and drilling activities, and the absence of an effective dust-extraction system and a vehicle tyre-washing facility. The notice was issued under Section 354A of the Mumbai Municipal Corporation Act, 1888. The BMC also directed the local police to monitor compliance, according to a media report.
Also Read: West Asia crisis: Homebuyers question 4-month RERA project timeline extension, seek equal relief
Can developers seek an extension of the construction timeline if work is halted due to pollution-control measures?
Legal experts said developers may be eligible for an extension under Section 6 of the Real Estate (Regulation and Development) Act, 2016, which allows the Maharashtra Real Estate Regulatory Authority (MahaRERA) to extend a project’s registration on grounds of force majeure, generally for up to one year. Any further extension would depend on the circumstances and applicable guidelines issued by the Central or state government.
“When a developer violates air quality norms, they are not eligible for a construction timeline extension, as the delay results from their own violation. However, when the authorities announce a general suspension of construction activities, the case may be eligible for an extension of the construction timeline,” said Nilesh Gala, advocate, Bombay High Court.
Mumbai’s construction rules
In November 2025, the BMC prescribed a 28-point framework for dust and pollution control at construction sites, including real-time air quality monitoring and measures to control dust from excavation, demolition, material handling, and debris transportation.
Its standard operating procedure for implementing the Graded Response Action Plan provides for Stage IV measures if Mumbai’s city-level or local-area Air Quality Index remains above 200 for three consecutive days. Depending on pollution levels and compliance, construction activity may be restricted or suspended.
Architects get interim relief
Along with taking action against developers who violate air pollution control norms, the BMC has temporarily suspended its rule that holds architects and licensed surveyors accountable alongside developers for air pollution at construction sites.
The decision followed a meeting between architects’ representatives and the civic administration on October 8, after the Council of Architecture opposed the September 2 circular, which had provided for the suspension of licences for failure to implement pollution-control measures.
“Architects engaged on a building project were directed last month to submit an undertaking; however, by a new circular, the said directions now cease to apply. As regards the issue of pollution caused by building construction activity, the major contributing phases are the demolition of old buildings and the excavation of soil. Architects engaged in preparing new building plans and obtaining approval have almost no role in this phase,” Vilas Nagalkar, an architect and a member of Practising Engineers Architects and Town Planners Association (PEATA).
“The actual on-site execution of both activities above is in the hands of the execution team, the contractor. Hence, seeking any undertaking from a professional was not justified,” said Nagalkar.
