Bombay HC raps BMC, MPCB and police over Mumbai air worse than Delhi's, bans public firecrackers

With Diwali only a few days away and festive fervour rising, concern over Mumbai's pollution persists. Taking serious note of growing air pollution in the city during festivals, the Bombay High Court on Wednesday expressed strong displeasure with the administration.

The court expressed surprise that although Mumbai lies by the sea and has naturally good conditions for wind circulation, pollution levels are rising above those of Delhi. It said the situation was deeply shocking.

Earlier orders of the court to curb air and noise pollution are not being implemented effectively. The court therefore pulled up the Brihanmumbai Municipal Corporation, the Maharashtra Pollution Control Board (MPCB) and the police. It also banned the bursting of firecrackers in public places and asked that the ban be enforced strictly.

The High Court has prohibited firecrackers on the city's public roads, in lanes and neighbourhoods, and on footpaths. The municipal commissioner and the Mumbai police commissioner have been directed to file an affidavit by October 26 giving full details of how the order is being strictly enforced. They have also been directed to frame a standard operating procedure (SOP) for action against those who violate the ban. The court expressed strong anger that firecrackers are being burst openly on the streets and the administration is not taking enough action.

According to the AQI.in website, Mumbai's Air Quality Index (AQI) stayed between 150 and 200 over the past week. This level is considered harmful to health. The court also noted that the required prior permission is not taken for loudspeakers and music systems in processions, and that there is no guarantee that noise limits will be observed. There is no control either over firecrackers being burst on crowded public roads. The Division Bench said violations of court orders appeared to be taking place.

The Division Bench of Justice Girish S. Kulkarni and Justice Neela Gokhale said Mumbai's geographical advantages were not being fully used. The Bench said, "This is most shocking. Mumbai benefits from the sea breeze. The city has many open spaces and a large open expanse of sea. Even so, we have to face this situation. You must ensure that Mumbai's sky remains clear."

The court has asked the Mumbai police commissioner to call a meeting of senior officers of all police stations and inform them of the order banning firecrackers. Directions have also been given for a complete ban on firecrackers in "Silence Zones" around hospitals, government offices, courts and schools. The court also rebuked the municipal corporation and the Maharashtra Pollution Control Board for failing to run a campaign to tell people that bursting firecrackers in public places is prohibited.

Justice Kulkarni asked how the officials responsible for enforcement could sleep peacefully when lakhs of people are struggling with a pollution emergency. The court has also asked for strict implementation of the order issued on September 22, under which processions with loudspeakers must clearly display a copy of the official permission given by the police.