The Bombay High Court has warned that officials could face penalties and prosecution over alleged failures to enforce orders on firecrackers, noise pollution and construction-related emissions as Mumbai’s air quality worsens. The court described the situation as an “emergency” and questioned how authorities could remain inactive while lakhs of residents faced the effects of pollution.
A bench of Justices Girish S Kulkarni and Neela K Gokhale was hearing a suo motu public interest litigation on noise pollution and the bursting of firecrackers on public streets during festivities. The court criticised the police, the Brihanmumbai Municipal Corporation (BMC) and the Maharashtra Pollution Control Board (MPCB) over what it described as inadequate implementation of its directions.
The court referred to an incident on Tuesday in south Mumbai, where firecrackers were allegedly burst on busy streets outside a police station near Crawford Market. It described the incident as a “rampant breach” of its orders, including a complete ban on bursting firecrackers on public streets during festivities and the requirement that licences for sound systems used during processions be displayed.
The judges warned that inaction by officers responsible for implementing the directions could amount to a violation of citizens’ rights under Articles 14 and 21 of the Constitution. The court also said errant officers could face penalties and prosecution for dereliction of duty.
The bench directed the Mumbai Police Commissioner to convene a meeting with police station in-charges to ensure the “meticulous implementation” of the court’s orders. It also directed the commissioners of the BMC and MPCB to remain present at the next hearing on October 26 and make presentations on the action taken to implement the directions.
The required measures include public notices and awareness campaigns through news and social media. The court said celebrities should also be involved in communicating the noise and toxic effects of firecrackers.
During the hearing, the court was informed that Mumbai was the second-most polluted city in the country at the time. Justice Kulkarni expressed concern that the city was surpassing Delhi in pollution levels despite its sea breeze and open spaces. He said authorities should ensure that Mumbai’s skies remained clear.
The court also questioned the BMC’s handling of emissions from construction sites and said the civic body appeared not to be doing enough to control developers and construction activity. It said fines had to be recovered from violators. The judge referred to residents’ difficulties in moving outdoors and said morning walks had become difficult because of the smog.
Justice Gokhale cautioned that officials could rely on air quality readings from the cleanest parts of Mumbai while overlooking conditions near traffic signals and slum areas. The observation highlighted the uneven experience of air pollution across the city, where citywide readings may not reflect exposure at heavily trafficked or densely settled locations.
The court also expressed concern over visibility falling below 500 metres on Tuesday and the additional toxicity caused by firecrackers. Justice Kulkarni said residents should not have to check air quality levels before deciding whether to step outside. The BMC and MPCB commissioners are scheduled to appear before the court on October 26.
