Bombay High Court Sets Time Limit Of Bursting Firecrackers From 7 Pm To 10 Pm In Mumbai During Diwali
The Bombay High Court while taking suo motu cognizance of the air pollution issue has set the time limit of bursting firecrackers from 7:00 p.m. to 10 p.m. in Mumbai during the celebration of the Hindu festival of Diwali.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice G.S. Kulkarni ordered, “The Municipal Authorities and the Police Administration shall also ensure that bursting of firecrackers takes place between 07.00 p.m. to 10.00 p.m. We have issued this direction keeping in view various directions issued by the National Green Tribunal as also having regard to the directions issued by the Supreme Court in the case of Arjun Gopal and Ors. Vs. Union of India from time to time and also the order dated 12th November 2020 passed by this Court in PIL (St) No.95794 of 2020 wherein on behalf of the State an undertaking was given that guidelines issued from time to time regarding firecrackers shall be strictly followed.”
The Bench further directed that the State Government as also the Municipal Corporations and more particularly, the Educational Institutions both in the Government and the non-Government sectors in the Mumbai Metropolitan Region, shall immediately take appropriate steps to spread awareness of the ill-effects burning/bursting of fire crackers would cause, to the existing polluted environment.
Senior Advocate Darius Khambata was appointed as an Amicus Curiae to assist the court in this matter. Senior Advocate Janak Dwarkadas appeared for Vanashakti NGO while Advocate General Birendra Saraf and Senior Advocate Milind Sathe represented the State and BMC respectively.
An oral application was made on behalf of Vanshakti, an NGO through Senior Advocate for intervention. Having regard to the nature of issue involved, the Court permitted the said NGO to intervene and file affidavit/notes from time to time, as and when required. On behalf of Vanshakti, the Senior Advocate tendered an affidavit which was taken on record. The Court, noticing rapidly deteriorating air quality in the city of Mumbai, took suo motu cognizance of the issue. The Amicus Curiae tendered a short note which and submitted that the menace being faced today by the residents of Mumbai can be mitigated by taking certain short-term, mid-term, and long-term measures. In the note, certain suggestions were also given, based on which directions could be issued.
The High Court in that regard said, “… there is a general consensus on the part of all concerned that something drastic needs to be done not only for improving the air quality in the city of Mumbai, but also, to put in place an appropriate mechanism to see that it does not get worsened. The concern raised across the bar during the course of hearing of these matters by various learned counsel is appreciated, however, it appears that though various action plans, guidelines and other mechanism, both statutory and non-statutory have been proclaimed, however, on account of poor or inadequate implementation of these guidelines or mechanisms or action plans, the quality of air in Mumbai remains the same.”
The Court noted that Deepawali festival is to be celebrated on November 12, 2023, however, the celebration starts about a week before. Considering the present state of the air quality in the city and taking into account various activities which the city may indulge on and before Deepawali, as an interim measure, the Court issued the following directions –
a) The Mumbai Air Pollution Mitigation Plan proclaimed by MCGM in March 2023 and the guidelines issued by the Environment and Climate Change Department and by the MCGM for “Air Pollution Mitigation” on 25th October 2023 shall be implemented by all concerned in its true letter and spirit. To ensure the compliance of the said Mitigation Plan we direct that it shall be personal responsibility of the Assistant Municipal Commissioner of each and every ward who shall be personally liable, responsible and shall be accountable to this Court for any lapse in implementation of the said Plan.
b) Similar action plan shall be followed in rest of the Municipal Corporations other than Mumbai.
c) The Municipal Corporations shall ensure that the metal sheets around construction sites are erected of sufficient height to ensure that dust from the construction sites shall not be spread over.
d) To separate the dust generated on construction sites, the Municipal Corporations shall ensure that regular and continuous water sprinkling is done by the project proponents/construction agencies.
e) The Municipal Authorities shall also ensure that storage piles at the construction site are properly covered and cleared in terms of the guidelines issued by the State Government and the MCGM as also by the CPCB.
f) It shall be ensured by all concerned that no construction debris is carried or transported to or out of the construction site. It shall also be ensured that all construction material being taken to the construction site including the ready-mix concrete is transported to the construction site in fully covered trucks or mixer plants.
g) On the next date, if the air quality does not substantially improve, the Court may pass an order banning transportation of the construction material in and out of the construction sites.
h) We also direct that the Authorities shall ensure that no burning of any waste, including solid waste is permitted in open areas, specially at the dumping sites where the municipal solid waste is dumped.
i) The Traffic Department Officials and the Transport Department Officials, shall strictly implement the vehicular emission norms in accordance with the provisions of Motor Vehicle Act, 1988 and the Rules framed thereunder.
The Court said that the Assistant Municipal Commissioners of the wards concerned shall be personally liable for any lapse in implementation of the various directions and action plan. It also directed that the Municipal Commissioners of the respective Municipal Corporations shall not only supervise the steps to be taken under the order but also identify erring Officers responsible for any lapse or lacunae in implementation of the guidelines.
The Court further constituted a two-member Committee comprising of Director, National Environmental Engineering Research Institute (NEERI) working under the aegis of Council for Scientific and Industrial Research and the Principal Secretary, Public Health, Government of Maharashtra, to supervise and monitor the steps being taken by all Municipal Corporations on daily basis.
Accordingly, the High Court listed the matter on Friday (November 10) at 2:30 p.m.
Cause Title- High Court of Judicature at Bombay on its Own Motion v. The State of Maharashtra & Ors.
