The Bombay High Court has expressed serious concern over Mumbai’s worsening air quality, questioning how the city known for its sea breeze and open spaces is now recording pollution levels that rival or even exceed those of Delhi.
A Bench of Justices Girish S Kulkarni and Neela Gokhale, hearing a suo motu public interest litigation concerning noise and environmental pollution, criticised the authorities for failing to enforce restrictions on firecrackers and loud music during public celebrations.
The Court observed that repeated violations of its directions suggested that enforcement remained weak despite clear instructions to the concerned departments.
Court questions failure to curb pollution
The Bench pointed out that organisers were continuing to use sound systems during processions without obtaining prior permission or providing assurances that prescribed decibel limits would be followed. Firecrackers were also being burst on crowded public roads without adequate intervention from the authorities.
The judges expressed disappointment that such violations were continuing despite earlier judicial directions intended to protect residents from excessive noise and air pollution.
Justice Kulkarni highlighted Mumbai’s geographical advantages, including its coastal winds and relatively open spaces, questioning why these natural factors had failed to prevent the city from experiencing such severe pollution.
The Bench also noted that visibility in Mumbai had fallen below 500 metres on Tuesday, underscoring the seriousness of the situation.
Questioning the apparent lack of urgency among enforcement agencies, Justice Kulkarni remarked that officials needed to recognise the gravity of the crisis while large numbers of residents continued to suffer its effects.
Authorities warned over failure to enforce orders
In its written order, the Court criticised the slow pace of official action, observing that even basic preliminary steps required under its earlier directions had not been carried out with the urgency expected.
The Bench made it clear that police inaction in enforcing restrictions on noise and firecracker use would not be treated lightly. It warned that failures affecting citizens’ constitutional protections under Articles 14 and 21 could invite serious scrutiny and accountability for the officials concerned.
The Court stressed that merely issuing instructions would not be enough; authorities must ensure that restrictions are implemented on the ground and that those violating them face appropriate action.
Police, civic bodies directed to step up enforcement
As part of its latest directions, the High Court ordered the Mumbai Police Commissioner to convene a meeting with the heads of all police stations and develop a standard operating procedure (SOP) to ensure stricter enforcement.
The Commissioner has also been directed to file an affidavit confirming that restrictions on firecrackers being burst on public streets and the use of unauthorised sound systems are being implemented effectively.
The Brihanmumbai Municipal Corporation (BMC) and the Maharashtra Pollution Control Board (MPCB) have been instructed to issue public awareness notices through social media by October 24. Both bodies must also submit affidavits detailing their compliance with the Court’s directions.
The matter will be heard again on October 26.
The Court’s observations place the spotlight on the gap between pollution-control orders and their actual implementation, with the Bench signalling that continued violations and administrative delays could have consequences for the officials responsible for enforcement.