Mumbai Air Pollution: Bombay High Court Bans Bursting Of Firecrackers, Except Between 7 PM To 10 PM

The Bombay High Court today directed the Municipal Corporations of the Mumbai Metropolitan Region to ensure that firecrackers are not burst beyond the period of 7 PM to 10 PM in light of the poor air quality index.

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Girish Kulkarni issued a slew of directions to immediately address the air quality index in a Suo Motu Public Interest Litigation regarding the deteriorating air quality in Mumbai.

During the hearing, Justice Kulkarni, underlining the need for a decisive plan to combat pollution, remarked, “We have to make a choice. Either we have a disease-free environment, or we burn firecrackers and celebrate the festival. The state government will have to take a call. We cannot even walk on the footpath…With the entire city being affected in this manner, the state government will have to take a decision. We can't depend only on the nature.”

Apart from restricting firecrackers, the court also ordered the temporary halt of the movement of construction debris to and from construction sites till Diwali. “On the next date (Friday) if the air quality is not reduced the court may consider banning construction material going in and out”, the court added.

The court directed the implementation of the Mumbai Air Pollution Mitigating plan, erection of metal sheets around construction sites, use of sprinklers to suppress dust, and the strict regulation of traffic norms to curb pollution.

The court further directed the Municipal Authorities to ensure that storage piles at construction sites are properly covered and cleared as per guidelines issued by the State Government, BMC, and the Central Pollution Control Board. 

“the Assistant Municipal Commissioners of the wards concerned shall be personally liable for any lapse in implementation of the various directions and action plan. We also direct that the Municipal Commissioners of the respective Municipal Corporations shall not only supervise the steps to be taken under this order but also identify erring Officers responsible for any lapse or lacunae in implementation of the guidelines”, the court held.

The court also directed the formation of a two-member committee, consisting of the Director of NEERI and the Director of Health Services, to monitor and supervise the actions taken by Municipal Corporations daily.

The court also directed the state, the municipal corporations, and the government and non-government educational institutions in MMR to "spread awareness of the ill-effects burning / bursting of fire crackers would cause, to the existing polluted environment."

Senior Advocate Darius Khambata, appointed as amicus curiae by the court, recommended assigning responsibility for implementation of measures to curb pollution to the Municipal Commissioner of BMC and the Commissioner of MMRDA, insisting on the filing of compliance reports. He emphasised the need for certain short-term measures to immediately address the problem of pollution in Mumbai.

Case no. – Suo Moto PIL (L) No. 30257 of 2023

Case Title – High Court of Judicature at Bombay on its own Motion v. State of Maharashtra and Ors.

(Compiled by Amisha Shrivastava)