Bombay High Court Reduces Time For Bursting Firecrackers To Two Hours, Seeks Statutory Mechanism To Combat Pollution

The Bombay High Court today reduced the window during which bursting of firecrackers is permitted in the Mumbai Metropolitan Region to 8 PM – 10 PM in view of previous order of the Supreme Court in Arjun Gopal v. Union of India passed on November 8, 2021.

“The SC order says people should burst firecrackers at a designated time and designated places. Also that if banned firecrackers are sold the senior PI of the area would be held personally responsible”, the court noted.

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice GS Kulkarni rapped the state government for responding late to the problem of air pollution and stressed that the responsibility of the civic authorities is not a favour but a duty towards the city's residents. The court also sought a statutory mechanism to curb air pollution.

In a suo moto PIL on air pollution in Mumbai, the court had on Wednesday banned construction debris transportation till Diwali and limited the bursting of firecrackers to 7 PM to 10 PM.

Senior Advocate Milind Sathe representing BMC submitted an affidavit showing that a helpline is available on the website, and activities such as road cleaning and the operations of goldsmiths in the city centre have been halted. He emphasized that major infrastructure projects, including the coastal road, metro, and trans-harbour link, adhere to pollution guidelines and standards, and sought relaxation on the ban on debris transportation.

However, the court refused, pointing out that out of 1623 construction sites, BMC had to issue notice to 1065 sites for non-compliance with pollution guidelines and norms, indicating a severe situation.

“It is no favor, it is your duty towards residents of the city. Out of a total of 1623 construction sites you've issued notices to 1065 as they were not found to be fully compliant. This data is your data and it speaks for itself. That shows how the situation is”, the court said.

While seeking a statutory mechanism against pollution, the court remarked, “There were committees in Delhi and Punjab as well but the problem persisted. We are saying, please advise the govt. to come up with a statutory mechanism to monitor pollution. We should not have to be burdened with all this. This is Bombay! Please understand”.

The court urged the state to constitute a statutory commission for monitoring air quality in Mumbai along the lines of the Commission for Air Quality Management formed under the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021. “The statutory commission has wide powers ... In the NCR region. We request the AG to ask the State to constitute such a statutory committee so that the problem of air quality management can be dealt with more effectively in Mumbai.”

Under Section 12 of this Act, the Commission has wide powers to protect and enhance air quality in the NCR and neighbouring areas. The Commission can issue directives, coordinate actions among governments and authorities, and regulate or prohibit activities contributing to air pollution. The Commission tasked with initiating actions based on complaints, implementing national programs, identifying pollution sources, promoting research, raising awareness, and supporting NGOs and institutions. Further, it addresses stubble burning, monitors air-polluting agents, increases plantation, and can undertake additional functions as entrusted by committees or bodies dealing with air pollution issues.

Advocate General of Maharashtra Dr. Birendra Saraf submitted affidavits from various authorities demonstrating compliance efforts, and pointed out yesterday’s improved Air Quality Index of Mumbai. However, the court attributed this improvement in the AQI to rain.

Justice GS Kulkarni raised concerns about the nature of pollution, pointing out a report from a hospital indicating a rise in respiratory diseases among children. The court questioned the effectiveness of measures like sprinkling water, urging comprehensive studies on pollution causes and mitigation.

Amicus Curiae Darius Khambata highlighted the main causes of pollution as per BMC’s anti-pollution plan and presented a joint 2021 report by IIT, CSIR, and NEERI. The court directed the peer review of the NEERI report within a month.

The court expressed concerns about the sale of crackers with banned chemicals and suggested further scrutiny.

The court revised the constitution of the committee to monitor the pollution situation to three members including experts nominated by NEERI and IIT, and a retired Principal Secretary. BMC should provide all assistance to the committee. All Municipal Corporations in MMR have to submit daily reports to the committee about the steps taken and level of pollution. The committee has to prepare weekly reports along with its own comments to be submitted to the Advocate General.

The court continued the ban on debris transportation until November 19.

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)

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