Not charity, it is your duty! Bombay High Court asks BMC to clamp down on noise pollution from construction sites

The Bombay High Court on Wednesday urged civic authorities in Mumbai to ensure that no inconvenience is caused to citizens because of noise pollution, particularly from construction sites. 

A Bench of Chief Justice Mahesh C Tripathi Justice Avait Sethna was hearing a writ petition filed by a Mumbai citizen challenging the violation of noise pollution norms during an ongoing construction part of a building redevelopment project.

“We are not stopping the entire work. We are directing authorities that noise pollution should not cross higher limit. This is to be monitored by senior officials, and police in any and every place,” the Court said. 

Counsel representing the Brihanmumbai Municipal Corporation (BMC) assured the Court that the authorities have been issuing stop-work notices in response to noise pollution complaints about construction activities.

The Court emphasised that action against such noise pollution must be implemented on the ground, and not merely remain on paper. 

“There should be effective implementation of noise pollution … We are only informing all officials that there is a duty cast. There is mandate of High Court. In every area this is to be monitored, no inconvenience to be caused to public at large.  Due to noise pollution, what is happening? One building will not suffice, it has to be monitored across. Ensure there is no noise pollution and air pollution. We know there is a policy and orders of the court. At least we are thankful that someone is coming to court and espousing a public cause,” the Bench said.  

The Court added that such action should be taken as a matter of duty.

“We are asking the corporation to monitor, on a routine basis. We are not against one individual. Areas should be demarcated into zones and officers responsible for that zone should ensure that these guidelines are followed. This is not charity. This is their duty!” the Court warned. 

The Court also hinted that it will continue to monitor the implementation of steps to curb noise pollution, in addition to air pollution measures that it has already been examining. 

“Every third week, we are going to monitor, not just air but noise pollution also. There is also light pollution, but we are not getting into that,” it said.

The Bench further asked the petitioner not to hesitate in flagging any instance of noise or air pollution he may come across. 

“This is pollution and it affects the public at large,” the Court added. 

The Court underscored that no construction activity should be permitted to proceed without an undertaking that permitted noise levels will not be breached. 

“Without taking a categorical undertaking, construction cannot proceed. We are not against the entire construction activities, we are only on the point that it should be in accordance with the norms. We will not allow corporation to shift the blame, immediate steps needs to be taken,” the Court said. 

The Court further cautioned that such enforcement action must not spiral into blackmailing of builders. 

“We are not permitting any department to venture into blackmailing with builder. You only have to monitor, and if there is someone contravening the norms, you affix notices on doorsteps; the moment it crosses, you issue notice,” the Court said. 

It proceeded to direct that the developer of the construction flagged in the writ petition to give an undertaking to abide by noise pollution norms, before any further construction is permitted. 

“The BMC has already filed a stop-work notice. The developer has filed objection. He will file undertaking that GR would be adhered to. He will file an affidavit that undertaking is filed. In the absence of undertaking, no permission should be given to carry out construction. Further construction is to be upon satisfaction of the undertaking,” the Court’s interim order said. 

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