The Bombay High Court came down hard on civic and pollution control authorities over Mumbai’s worsening air quality, remarking that the city’s pollution levels were "surpassing Delhi" and residents should not have to check the air quality index (AQI) before stepping outside.
On Wednesday, a bench of Justices GS Kulkarni and Dr Neela Gokhale took up on its own a PIL on noise pollution and firecracker bursting during the festive season. The court criticised the slow response of the civic administration and police despite earlier directions to curb air and noise pollution.
When informed that Mumbai was the country’s second-most polluted city at the time, Justice Kulkarni expressed shock at the deteriorating conditions. The judge also flagged visibility dropping below 500 metres on Tuesday, saying the worsening smog was affecting people’s daily lives.
"People are suffering and cannot move out, morning walks are impossible... The smog is very bad and we do not know where we are heading," he said.
"If this is the state of affairs, who is bothered? Added to this is toxicity from firecrackers. There might be pleasure for 15-20 minutes (in bursting crackers), but ultimately there will be more toxicity in the air," he remarked.
The court said authorities had failed to take even basic preliminary steps despite detailed orders passed on September 22 and October 15 to control noise and air pollution during festivities.
"The wheels of the official machinery appear to be turning too slowly to comply even the basic preliminary compliances as ordered by the court," the bench observed.
Questioning the lack of urgency, Justice Kulkarni said the authorities must ensure that Mumbai’s skies remain clear.
"We don’t understand how those who are supposed to implement this can even have a peaceful sleep, because this is an emergency on their part," he said.
The court noted that the Brihanmumbai Municipal Corporation (BMC) and Maharashtra Pollution Control Board (MPCB) had not issued public notices warning residents against bursting firecrackers on public streets, lanes and footpaths. The notices were also meant to explain the harmful effects of firecracker smoke, toxic emissions and noise.
The bench questioned the effectiveness of police enforcement, noting that firecrackers continued to be burst on busy streets. Processions were also taking place without the required permissions for music systems and undertakings to comply with prescribed decibel limits.
"There appears to be routine violations of the orders passed by this court," the judges said.
Directing the Mumbai police commissioner to convene a meeting of all police station in-charges, the court ordered the preparation of a standard operating procedure (SOP) to deal with violations. The commissioner must also file an affidavit confirming that police personnel have been informed of the court’s directions and will implement them in letter and spirit.
The bench warned that any negligence by police officials affecting citizens’ fundamental rights under Articles 14 and 21 of the Constitution "shall be viewed seriously".
It directed the authorities to publish public awareness notices and circulate them on social media by October 24. The BMC and police commissioner must submit compliance affidavits before the next hearing on October 26.
The High Court had earlier imposed a year-round ban on bursting firecrackers on public streets and prohibited their use entirely in silence zones.
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