The Bombay High Court has observed that noise pollution arising from the mushrooming construction sites in Mumbai is a serious issue requiring urgent redressal, directing developers to furnish undertakings committing to strict compliance with statutory noise pollution norms. The Court warned that any violation by the concerned developer would result in immediate stoppage of construction activities.

A Division Bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait M. Sethna was hearing a writ petition raising concerns over the failure of State authorities and their instrumentalities to effectively regulate and curb noise pollution amid extensive construction activity in Mumbai.

The Brihanmumbai Municipal Corporation (BMC) informed the Court that, following a complaint from Mahim Police Station, it had issued a stop-work notice on October 30, 2026, to the developer after construction activity at the site allegedly exceeded the noise pollution limit of 55 decibels prescribed by the Central Pollution Control Board.

The Court noted that it cannot overlook the fact that pollution in Mumbai is a serious issue. It observed that strict noise pollution norms prescribing permissible decibel limits must be followed by all stakeholders.

“… one cannot overlook the fact that noise pollution, more particularly, in the context of mushrooming construction site in Mumbai, is a serious issue. It needs to be urgently addressed. We may observe that there are strict norms prescribed under the Noise Pollution Laws/Acts, stipulating the threshold limits of decibel of sound/noise, which cannot be transgressed,” the Court remarked.

It emphasised that the State, BMC and other authorities have a statutory duty to ensure compliance with pollution control norms, and that enforcement cannot be reduced to mere paper compliance.

“… what is required is effective implementation under the Noise Pollution Laws/Rules/Regulations so that the citizens can expect a pollution free environment, which is an integral part to Right to Life under Article 21 of the Constitution,” the Court noted.

The Court accordingly directed developers and builders, particularly the concerned developer, to file an undertaking before the Court confirming that they would strictly comply with statutory noise pollution norms at all times. It clarified that any non-compliance would result in immediate stoppage of construction activities.

Clarifying that it was not opposed to construction activities as such, the Court stressed that statutory norms governing noise pollution must be followed and authorities must take appropriate enforcement measures. It also cautioned the authorities to monitor construction activities strictly in accordance with law.

Case Title: Ashok Pathare v. State of Maharashtra [Writ Petition (L) No. 35005 of 2026]