The Bombay High Court has ordered the Maharashtra Government to ensure that an order passed way back in February 1998, which banned use of neon lights across Mumbai and neighbouring cities is implemented effectively this year, especially during the festive season to avoid causing light pollution.

The Court was hearing a petition seeking declaration of 'dark sky friendly' areas across the State along with regulation of use such lights.

A division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna issued notice to the State on a plea filed by one Nilesh Desai, a resident of South Bombay, seeking directions against the use of high-intensity lights in Stadiums, Gymkhanas, wedding venues, open spaces, during night hours, which causes light pollution and adversely impacts the health of the citizens.

Arguing for Desai, advocate Ronita Bhattacharya assisted by advocate Sajal Khan pointed out that their client is aggrieved by the excessive disturbance caused by high-intensity floodlights and Billboards which causes Light Pollution in Mumbai and Thane. She cited a 1998 order of the High Court in Ashwin Jajai vs MCGM, wherein the High Court had then ordered the authorities to ensure that neon lights aren't used in the city post 11 PM.

Bhattacharya cited a report of the High Power Committee (HPC) constituted in those proceedings in 1998, which stated that use of such high-intensity lights affects the health of the citizens and results even in Insomnia and other physical and psychological issues. She also cited an order passed by the Collector of Mumbai on January 9, 2018, against use of such high-intensity lights.

The petition challenges the negligence of the Authorities towards the light trespass caused by the excessive glare from the floodlights that glows the sky and has bad influence on health and environment. It says there is a breach of the order of the Mumbai Collector to the State's Environment Department, and also the Maharashtra Pollution Control Board (MPCB) to formulate regulations to curb the nuisance caused by Light Pollution, and also a further order dated February 12, 2018 directing the government to establish appropriate regulations to mitigate light pollution caused by high- intensity lights.

"The glare from the high-intensity floodlights till night causes significant disturbance and has adverse impact on health and well-being of not only humans but also to trees and wildlife. Light pollution is a growing concern that requires immediate and effective regulations. The lack of Respondent Authorities' consciousness about Dark sky or by making sure that full cut off floodlights are minimised to minimise the light spillage and excessive and debilitating glare has constrained the Petitioner to file this Petitioner," the plea reads.

"On account of the fact that Light Pollution is detrimental to human health, foliage and greenery such as trees as well as wildlife including migratory birds, the Petitioner has approached this Court seeking prayers for the Environment Department, State of Maharashtra, the MPCB, the Central Pollution Control Board (CPCB) and the Ministry of Environment Forest and Climate Change to consider regulating Light Pollution by issuing necessary directions under the provisions of the Environment Protection Act, 1986. The Petitioner has also sought prayers for their complaints regarding Light Pollution be addressed and also, inter alia, that public awareness be raised by the Respondent Authorities regarding Light Pollution," the plea adds.

The major prayers sought by the petitioner is to consider the issue of establishing locations to be declared as Dark Sky Friendly areas in Maharashtra, decide time limits for using such high intensity of lights, mandatory permissions before installing such lights, and imposition of strict conditions for the use of such lights by the authorities. Further, the plea seeks imposition of penalties on entities violating the prescribed operational time limit, intensity of light, and the conditions specified in any clearance/permission; issued with a view to regulate light pollution..

The bench has adjourned the hearing of the matter till November 20.