Mumbai: The Bombay High Court has criticised civic authorities and the police over Mumbai’s worsening air quality, warning that residents should not have
to check the Air Quality Index (AQI) before stepping outside. The court said pollution levels were reportedly surpassing Delhi’s and questioned the slow implementation of measures to control air and noise pollution.
A bench of Justices GS Kulkarni and Dr Neela Gokhale took up a public interest litigation on its own on Wednesday, focusing on noise pollution and firecracker use during the festive season.
Expressing concern over the deteriorating conditions, Justice Kulkarni referred to reports that visibility had fallen below 500 metres on Tuesday.
“People are suffering and cannot move out, morning walks are impossible… The smog is very bad and we do not know where we are heading,” the judge said.
The bench also warned that the temporary enjoyment of fireworks could come at the cost of worsening air quality.
“There might be pleasure for 15-20 minutes (in bursting crackers), but ultimately there will be more toxicity in the air,” Justice Kulkarni observed.
The judges said the administration had failed to implement basic measures despite earlier directions issued on September 22 and October 15.
“The wheels of the official machinery appear to be turning too slowly to comply even the basic preliminary compliances as ordered by the court,” the bench remarked.
The court noted that the Brihanmumbai Municipal Corporation (BMC) and Maharashtra Pollution Control Board (MPCB) had not issued public notices warning people against bursting firecrackers on roads, lanes and footpaths or explaining the health risks from smoke, toxic emissions and noise.
It also raised concerns about firecrackers being burst on busy streets and processions using music systems without the required permissions and assurances on noise limits.
“There appears to be routine violations of the orders passed by this court,” the bench said.
The High Court directed the Mumbai police commissioner to convene a meeting of police station in-charges and prepare a standard operating procedure to address violations. The commissioner must also file an affidavit confirming that officers have been informed of the court’s directions.
The bench warned that negligence affecting citizens’ fundamental rights under Articles 14 and 21 of the Constitution would be viewed seriously.
The court ordered the authorities to publish public awareness notices and circulate them on social media by October 24. The BMC and police commissioner must submit compliance affidavits before the next hearing on October 26.
The High Court had previously prohibited firecrackers on public streets throughout the year and banned their use entirely in silence zones.
