Shocking that Mumbai is surpassing Delhi in pollution: Bombay High Court

The Bombay High Court on Wednesday voiced concern over Mumbai’s deteriorating air quality, calling it shocking that the coastal city is surpassing the national capital of Delhi in pollution levels [In re: Noise and Environmental Pollution].

A Bench of Justice Girish S Kulkarni and Justice Neela Gokhale pulled up civic authorities, the Maharashtra Pollution Control Board (MPCB), and the police for failing to implement court directives aimed at controlling air and noise pollution during festivals.

"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," it observed.

The Court passed the order on a suo motu Public Interest Litigation (PIL) concerning pollution.

During yesterday's hearing of the matter, Justice Kulkarni observed that Mumbai’s natural geographical advantage was being squandered.

“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 added.

The Court went on to raise concerns that Mumbai was now surpassing Delhi in pollution indexes, pointing out that visibility in the city had plummeted below 500 metres on Tuesday.

Justice Kulkarni questioned how enforcement officers could enjoy a peaceful sleep when lakhs of citizens were suffering through an emergency situation.

In its written order, the Bench recorded its strong displeasure over bureaucratic inertia.

“We find that, despite the aforesaid orders passed in the present proceedings, the wheels of the official machinery appear to be turning too slowly to comply even with the basic preliminary compliances as ordered by the Court,” the order reads. 

The order further criticised the lack of ground-level police enforcement of court directives to curb noise and firecracker pollution. The Court called on the authorities to become more proactive in addressing these issues.

“Any dereliction on the part of the police machinery in this regard, adversely affecting the rights of citizens guaranteed under Articles 14 and 21 of the Constitution of India, shall be viewed seriously in the concerned police officials to be held accountable, if appropriate action is not taken against the erring persons,” the Court warned. 

The Court has directed the Commissioner of Police at Mumbai to convene a meeting with all police station in-charges, formulate a Standard Operating Procedure (SOP), and file an affidavit confirming that the ban on street firecrackers and unpermitted sound systems is strictly enforced.

The Brihanmumbai Municipal Corporation (BMC) and MPCB have likewise been directed to publish public awareness notices across social media platforms by October 24 and submit compliance affidavits.

The Bench has scheduled the matter for its next hearing on October 26.

Advocate Anand Pai with advocate Lavanya Panicker assisted the Court as amicii curiae.

Government pleaders Anjali Helekar and Jyoti Chavan appeared for the State of Maharashtra.

Advocate Jaya Bagwe appeared for the MPCB.

Advocate Oorja Dhond appeared for the BMC.

[Read order]