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 Delhi in pollution levels, Bar and Bench reported on October 22. The court was hearing a suo motu public interest litigation, In re: Noise and Environmental Pollution.
Source: Bar and Bench
Live Law, in its report of the same hearing, said the bench noted that despite clear orders imposing a total ban on bursting firecrackers on public streets and in silence zones such as hospitals and schools, there had been no compliance, particularly during religious processions, and that the court took up the matter after noting breaches of its orders during the Durga visarjan processions.
Source: Live Law
A bench of Justice Girish S Kulkarni and Justice Dr Neela Gokhale pulled up the Brihanmumbai Municipal Corporation (BMC), the Maharashtra Pollution Control Board (MPCB) and the police for failing to implement the court's directives of September 22 and October 15. The bench recorded that even the basic preliminary steps had not been taken — the BMC and MPCB had not yet jointly issued the public notices, in newspapers, electronic and social media, telling the public that bursting firecrackers at public places, including streets, lanes and footpaths, is not permitted.
The court noted that visibility in Mumbai had plummeted below 500 metres on Tuesday, and Justice Kulkarni observed that Mumbai's natural advantage — its sea breeze and open spaces — was being squandered. Mirror Now reported readings cited in court coverage of an Air Quality Index of 158 in BKC, 150 in Colaba, 139 in Worli and 128 in Deonar, and reported that the court warned that failure to comply would invite contempt proceedings.
Source: Mirror Now
The bench directed the Commissioner of Police, 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, Bar and Bench reported. The BMC and MPCB were directed to publish public awareness notices across social media platforms by October 24 and submit compliance affidavits. The bench warned that any dereliction by the police machinery adversely affecting citizens' rights under Articles 14 and 21 of the Constitution would be viewed seriously and the officials concerned held accountable. The matter is next listed on October 26.
Court: Bombay High Court, bench of Justices Girish S Kulkarni and Dr Neela Gokhale, suo motu PIL on noise and environmental pollution. Finding: Mumbai surpassing Delhi in pollution; visibility below 500 metres on Tuesday; September 22 and October 15 orders not implemented. Directions: Police Commissioner to hold a meeting of station in-charges, prepare an SOP and file an enforcement affidavit; BMC and MPCB to publish awareness notices by October 24 and file compliance affidavits. Next hearing: October 26.
What is solid
- The Bombay High Court on Wednesday criticised the BMC, MPCB and Mumbai Police for not implementing its September 22 and October 15 orders banning firecrackers on public streets and controlling noise and air pollution, and noted visibility below 500 metres on Tuesday — Bar and Bench and Live Law.
- The Police Commissioner has been directed to brief all station in-charges, prepare an SOP and file a compliance affidavit, and the BMC and MPCB to issue public notices by October 24, with the matter listed on October 26 — Bar and Bench and Live Law.
What is only claimed
- Mirror Now reported AQI readings of 158 in BKC, 150 in Colaba, 139 in Worli and 128 in Deonar and said Mumbai was described in the hearing as the country's second-most polluted city at the time; Awaaz Punjab attributes those figures to Mirror Now's report of the hearing and has not independently verified the readings.