Bombay HC sets Diwali crackers window from 7 pm to 10 pm, warns to ban construction vehicles if AQI doesn’t improve by Friday

The High Court also directed the authorities to ensure that material taken from and to all construction sites are transported in covered trucks or mixer plants and warned that if the air quality in the city does not improve until Friday, the court may order total ban on transportation of construction material in the city.

“We have to make a choice… Either we have a disease free environment or burn firecrackers and celebrate the festival. We have to take a call. The entire city is affected… It is impossible for everyone to walk… morning walk… We cannot completely depend on nature and have to implement it. We are living on this earth. We have created this situation. Theoretically, on paper it appears everything is in place but when you see it on the ground, you come to know nothing has been done,” the bench remarked.

A bench of Chief Justice Devendra Kumar Upadhyaya and Justice Girish S Kulkarni conducted hearing for nearly two hours on Monday evening in the suo motu PIL and other pleas, including those by city-based activists and NGO Vanashakti, seeking urgent redressal of the issue of deteriorating air quality in Mumbai and surrounding areas for the “welfare” of residents. The HC had initiated suo motu PIL, noting that various news reports in recent weeks, including the “Death by Breath” series of The Indian Express present an “alarming scenario” of air pollution.

The court said that while it was not banning bursting of firecrackers, it was for state government to consider measures in view of earlier judgements of the National Green Tribunal (NGT) and the Supreme Court on the same. However, some limit has to be put in place, the bench said.

The HC bench added that there were other issues involved in considering the plea to ban bursting of firecrackers, including the rights of citizens under Article 25 ( right to freely practice, profess and propagate religion, subject to some restrictions). “Therefore we are proposing some time limit. The citizens have to decide now,” the bench said.

The court added that the state should also abide by the undertaking it has given to NGT from time to time about complying with directions related to bursting of firecrackers.

Directing the authorities to ensure that all construction material taken in and out of sites of infrastructure projects are transported in covered trucks or mixer plants, the court said that if the air quality does not improve by Friday, a total ban on such vehicles would be considered when it hears the suo motu PIL and other pleas raising concerns over deteriorating air quality.

The court also directed strict implementation of the air pollution mitigation plan announced by the BMC in March 2023 in its “true letter and spirit” and said, “To ensure compliance of the said plan, we direct that the Assistant Municipal Corporation of each and every ward shall be personally liable and accountable to this court for any lapse…”

The bench also said that similar plans be followed in the rest of the municipal corporations around Mumbai and asked the BMC to ensure metal sheets erected for construction are of sufficient height as per guidelines to contain the dust. To prevent spreading of dust generated from sites, it also directed the BMC to ensure regular water sprinkling by project proponent or the developers across the city.

The court also directed the commissioners of civic bodies of Mumbai and surrounding areas to supervise steps taken by them as per court orders and identify errant officers for any lapse in implementation of guidelines. It appointed a two-member committee of Director, National Environmental Engineering Research Institute (NEERI) working under CSIR and Principal Secretary of state Public Health department to oversee and monitor the steps taken by civic bodies and asked the municipal commissioner to submit a daily report to the said panel.

Khambata submitted that the air pollution menace can be mitigated through short term, mid term and long term measures, and submitted suggestions based on which he sought orders from the court. AG Saraf submitted that various steps had been taken by the government not only to monitor air pollution but to ensure air quality does not deteriorate during winters.

The bench noted that though various action plans, guidelines and other mechanism have been proclaimed by the government agencies, on account of poor or inadequate implementation of these mechanism or action plans, the quality of air in Mumbai remains the same.

The court will hear the matter next on November 10.