A bench comprising Justice Girish S. Kulkarni and Justice Neela Gokhale was hearing a matter concerning noise pollution and the bursting of firecrackers on public roads in Mumbai. The court took cognisance of the issue and heard it as a public interest litigation, raising questions about alleged negligence in complying with directions issued to prevent pollution.
The High Court’s concerns extended beyond firecrackers and excessive noise. It also highlighted rising air pollution, haze and declining visibility in the city. Expressing concern after visibility fell below 500 metres on Tuesday, the court questioned why people should be forced to check the Air Quality Index (AQI) before stepping outside their homes.
The court’s remarks on Mumbai’s air quality came amid continuing concerns over pollution as a public health challenge in major cities across the country. Expressing surprise at the situation in Mumbai, the bench questioned why officials responsible for addressing the problem were not taking serious action despite large numbers of people being affected by poor air quality.
The court also stressed that issuing rules and orders alone was insufficient to tackle pollution. Effective implementation on the ground was equally essential. Its concerns, including the comparison between pollution levels in Mumbai and Delhi, raised questions about the effectiveness of urban pollution control mechanisms.
Bombay High Court Reprimands BMC, MPCB and Mumbai Police
During the hearing, the High Court questioned the roles of the BMC, Maharashtra Pollution Control Board and Mumbai Police. The bench expressed displeasure over the alleged failure to effectively enforce directions issued to control air and noise pollution during festivals.
The court observed that administrative inaction could amount to a violation of citizens’ fundamental rights. Referring to Articles 14 and 21 of the Constitution, the bench made it clear that administrative negligence in pollution control must be viewed seriously in the context of citizens’ rights.
Article 14 guarantees equality before the law and equal protection of the laws, while Article 21 concerns the right to life and personal liberty. The issue of a clean and safe environment also holds an important place in judicial interpretations associated with the right to life.
Strict Directions to Mumbai Police Commissioner
To ensure compliance with its pollution control orders, the High Court directed the Mumbai Police Commissioner to hold a meeting with the officers in charge of all police stations. The court aims to establish accountability at the police level and ensure effective enforcement of rules governing the bursting of firecrackers in public places and noise pollution.
The court has scheduled the next hearing for October 26. It has directed the BMC Commissioner and the Maharashtra Pollution Control Board Commissioner to remain present at the next hearing and submit reports detailing the measures taken to control pollution.
The officials will have to inform the court about the action taken so far to address pollution and the further steps being undertaken to ensure compliance with its directions. The proceedings place the focus on the implementation of pollution control measures and the accountability of the authorities responsible for protecting Mumbai’s residents from air and noise pollution.
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