‘Shocking’ Mumbai’s pollution surpasses Delhi’s, Bombay HC warns officials over enforcement failures

The Bombay High Court has expressed serious concern over Mumbai’s deteriorating air quality, questioning how the coastal city could record pollution levels higher than those in Delhi despite its sea breeze and open spaces. The court criticised civic authorities, the Maharashtra Pollution Control Board (MPCB) and the police for failing to enforce its directions on air and noise pollution during festivals.

A Bench of Justice Girish S Kulkarni and Justice Neela Gokhale made the observations on Wednesday while hearing a suo motu public interest litigation (PIL) concerning noise and environmental pollution in *In re: Noise and Environmental Pollution*.

“This is shocking. The city has a sea breeze coming, which has a lot of open spaces, the whole openness of the sea, still we are facing this... You should see to it that Mumbai skies are clear,” the Bench observed.

The court also noted that visibility in Mumbai had fallen below 500 metres on Tuesday, raising concerns about the severity of the pollution. Justice Kulkarni questioned how enforcement officials could sleep peacefully while lakhs of residents were facing what he described as an emergency situation.

Court flags repeated violations of pollution-control orders

The Bench expressed displeasure over the failure of authorities to implement its earlier directions regulating sound systems and firecrackers during public festivities.

“No action on the issue of prior permission to use music systems in the processions being obtained, with an undertaking to comply with the decibel limits. Also, burning of firecrackers on busy public streets is not being controlled. There appears to be routine violations of the orders passed by this Court,” it observed.

In its written order, the court criticised the slow pace of official action, noting that authorities had failed to complete even basic preliminary steps required under its earlier directions.

“We find that, despite the aforesaid orders passed in the present proceedings, the wheels of the official machinery appear to be turning too slowly to comply even with the basic preliminary compliances as ordered by the Court,” the order stated.

The Bench also expressed concern over the lack of effective police enforcement on the ground, particularly regarding restrictions on firecrackers and unauthorised sound systems.

Police officials warned of accountability

The High Court warned that failure to implement its directions could invite serious action against the officials concerned, particularly where such inaction affects citizens’ constitutional rights.

“Any dereliction on the part of the police machinery in this regard, adversely affecting the rights of citizens guaranteed under Articles 14 and 21 of the Constitution of India, shall be viewed seriously in the concerned police officials to be held accountable, if appropriate action is not taken against the erring persons,” the Bench said.

Article 14 guarantees equality before the law, while Article 21 protects the right to life and personal liberty.

The court directed the Mumbai Police Commissioner to convene a meeting with all police station in-charges and formulate a standard operating procedure (SOP) to ensure strict implementation of its orders. The Commissioner has also been asked to file an affidavit confirming that the ban on bursting firecrackers on public streets and the restrictions on unpermitted sound systems are being enforced.

The directions come after the High Court clarified on October 15 that its earlier ban on bursting firecrackers on public streets and roads applied throughout the year and covered all festivals across Maharashtra, rather than being restricted to a particular celebration.

BMC and MPCB directed to launch awareness campaigns

The Bench also instructed the Brihanmumbai Municipal Corporation (BMC) and the MPCB to publish public awareness notices across social media platforms by October 24.

Both authorities have been directed to submit affidavits confirming compliance with the court’s directions.

The measures are intended to improve public awareness of restrictions on firecrackers and sound systems and ensure that the existing rules are followed during festivals. The court has emphasised that the authorities must move beyond issuing directions and ensure their implementation on the ground.

The matter has been scheduled for the next hearing on October 26.

Advocate Anand Pai and advocate Lavanya Panicker assisted the court as amici curiae. Government pleaders Anjali Helekar and Jyoti Chavan appeared for the Maharashtra government, advocate Jaya Bagwe represented the MPCB, and advocate Oorja Dhond appeared for the BMC.