Mumbai Air Pollution: Bombay High Court Bans Firecrackers On Public Roads, Seeks Action Plan

The Bombay High Court on Wednesday expressed concern over worsening air pollution in Mumbai during the festive season, calling it “shocking” that the coastal city was recording higher pollution levels than Delhi. The court criticised civic authorities, the Maharashtra Pollution Control Board (MPCB) and the police for failing to enforce its directions to curb air and noise pollution.

The bench prohibited the bursting of firecrackers on public roads, streets and footpaths, directing the Brihanmumbai Municipal Corporation (BMC) Commissioner and the Mumbai Police Commissioner to submit an affidavit by October 26 detailing measures taken to ensure compliance. It also ordered the formulation of a Standard Operating Procedure (SOP) to take action against violators.

Bombay High Court Flags Repeated Violations Of Pollution Rules

A bench of Justice Girish S Kulkarni and Justice Neela Gokhale expressed displeasure over the continued bursting of firecrackers on busy public roads despite previous court directions.

According to aqi.in, Mumbai’s Air Quality Index (AQI) has remained between 150 and 200 over the past week, a range considered unhealthy. The readings underscore concerns over deteriorating air quality in the city, even outside the severe pollution episodes commonly associated with Delhi.

The court highlighted repeated violations of its orders, particularly the use of music systems during processions without prior permission and the bursting of firecrackers on public streets.

“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,” the bench observed.

Pointing to Mumbai’s coastal location and open spaces, the judges questioned why the city was experiencing such pollution levels despite the availability of sea breezes.

“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 said.

Court Orders Crackdown On Firecrackers, Loudspeakers

The High Court directed the Mumbai Police Commissioner to convene a meeting with senior officers from all police stations to ensure they were aware of the restrictions on firecrackers and their enforcement.

It also ordered a complete prohibition on bursting firecrackers in designated ‘silence zones’, including areas around hospitals, government offices, courts and schools.

The BMC and the MPCB came under criticism for failing to organise public awareness campaigns about the ban on bursting firecrackers in public spaces. Justice Kulkarni questioned how enforcement officials could enjoy a peaceful sleep while lakhs of citizens were suffering through what he described as an emergency.

The court further ordered strict implementation of its September 22 directive requiring processions using loudspeakers to prominently display the official police permission authorising their use.

The affidavit due on October 26 is expected to detail the steps taken by the civic body and police to enforce the court’s directions. The proposed SOP is intended to establish a procedure for action against those violating restrictions on firecrackers and noise pollution.