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Bombay High Court has questioned the failure of authorities to effectively enforce pollution-control measures in Mumbai. (Img: X)
Mumbai: The Bombay High Court on Wednesday expressed serious concern over Mumbai’s worsening air quality, questioning how the city could record pollution levels exceeding those of Delhi despite its coastal location and the availability of open spaces.
The Division Bench of Justice Girish S Kulkarni and Justice Neela Gokhale criticised the police, civic authorities and the Maharashtra Pollution Control Board (MPCB) for failing to effectively implement measures directed by the Court to curb air and noise pollution, particularly during festive celebrations.
The observations were made while hearing a suo motu public interest litigation concerning environmental pollution. The Bench expressed dissatisfaction with the continued disregard of its earlier directions, including restrictions on firecrackers and the use of sound systems without the requisite permissions.
The Court noted that violations continued on public roads, where firecrackers were being burst despite restrictions. It also flagged instances in which processions used music systems without obtaining prior permission or furnishing undertakings to adhere to prescribed decibel limits.
Taking note of the city’s deteriorating conditions, the Bench remarked that Mumbai’s geographical advantages, including sea breezes and extensive open spaces, should ordinarily help disperse pollutants. It questioned why the city was nevertheless witnessing such alarming pollution levels.
The Court also referred to the sharp decline in visibility, which had reportedly fallen below 500 metres on Tuesday, and questioned the authorities’ apparent inability to respond effectively to the situation.
The Bench made it clear that the continued failure of government agencies to act on judicial directions could not be treated as a routine administrative lapse. In its written order, it observed that the official machinery had been moving at an unacceptably slow pace, even in implementing basic measures previously mandated by the Court.
The judges warned that police officials could be held accountable if their failure to enforce pollution-control directions adversely affected citizens’ fundamental rights under Articles 14 and 21 of the Constitution.
The Court underscored the need for effective enforcement on the ground, rather than the mere existence of restrictions or the issuance of instructions. It called upon the authorities concerned to adopt a more proactive approach to preventing violations and protecting public health.
As part of its directions, the Bench instructed the Mumbai Police Commissioner to convene a meeting with officers in charge of police stations across the city and formulate a standard operating procedure to ensure compliance with the Court’s orders. The Commissioner has also been asked to file an affidavit detailing the steps taken to enforce restrictions on firecrackers in public streets and unauthorised sound systems.
The Brihanmumbai Municipal Corporation (BMC) and the MPCB have separately been directed to undertake public awareness initiatives through social media by October 24 and place compliance affidavits before the Court. The matter has been listed for further hearing on October 26, when the Bench will consider the authorities’ compliance with its directions.
Advocate Anand Pai, assisted by advocate Lavanya Panicker, appeared as amici curiae. Government pleaders Anjali Helekar and Jyoti Chavan represented the Maharashtra government, while advocate Jaya Bagwe appeared for the MPCB and advocate Oorja Dhond represented the BMC.
