Air pollution: 'Shocking' that Mumbai is surpassing Delhi, says Bombay HC
The Court expressed concern over the failure to publicise restrictions on bursting firecrackers in public places and the apparent lack of effective police enforcement.
The Bombay High Court has criticised the Maharashtra government and civic authorities for failing to implement its directions on air and noise pollution, observing that the official machinery has been moving too slowly even on basic compliance measures.
The High Court also expressed concern and called it “shocking” that Mumbai’s air pollution levels were “surpassing” Delhi.
What HC said
Hearing a suo motu public interest litigation (PIL) concerning noise and environmental pollution caused by unregulated use of amplified music systems and firecrackers during festivals, a Bench of Justices Girish S Kulkarni and Dr. Neela Gokhale, in its Wednesday (October 21) order, expressed concern over the failure to publicise restrictions on bursting firecrackers in public places and the apparent lack of effective police enforcement.
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“No action on the issue of prior permission to use music systems in the processions being obtained, with an undertaking to comply with the decibel limits. Also, burning of firecrackers on busy public streets is not being controlled. There appears to be routine violations of the orders passed by this Court,” it observed.
“This is shocking. The city has a sea breeze coming, which has a lot of open spaces, the whole openness of the sea, still we are facing this... You should see to it that Mumbai skies are clear,” the Bench added.
“We find that, despite the aforesaid orders passed in the present proceedings, the wheels of the official machinery appear to be turning too slowly to comply even the basic preliminary compliances as ordered by the Court,” the Bench observed.
The Court noted that the Brihanmumbai Municipal Corporation (BMC) and the Maharashtra Pollution Control Board (MPCB) had not taken the required steps to issue public notices despite an earlier direction dated October 15.
The notices were intended to inform citizens that firecrackers would not be permitted in public places, including streets, lanes and footpaths, and to explain the harmful effects of firecracker smoke, toxic emissions and noise.
Year-round ban on firecrackers on public streets
Reiterating its October 15 directions, the Court said its earlier order of September 22 would apply throughout the year and to all festivals. It imposed a total ban on bursting firecrackers during festivities on public streets and roads, directing authorities to take measures to prevent the resulting air and noise pollution.
The order also prohibits bursting firecrackers in silence zones in the vicinity of hospitals, government offices, courts and schools.
The Court stressed that complaints received by designated nodal officers must be addressed expeditiously and prompt action taken against violations.
Police enforcement under scrutiny
The Bench also questioned whether the Court's earlier directions had been communicated effectively to police station officials.
“It also appears that the police machinery is yet to be effective,” the order said, pointing to the absence of adequate control over firecrackers being burst on busy public streets and concerns about processions using music systems without the requisite permissions and undertakings to comply with prescribed decibel limits.
“There appears to be routine violations of the orders passed by this Court,” the Bench observed, referring particularly to processions and the bursting of firecrackers on public streets.
The Court directed the Mumbai Police Commissioner to convene a meeting with all police station heads and ensure that they were made fully aware of the orders. The Commissioner was also asked to prepare a standard operating procedure (SOP) specifying the action to be taken in cases of violations.