Right to breathe: Landmark NGT order directs PMC to frame norms for pollution from construction sites

Noise and Dust

On Friday, the NGT had ordered that the construction company “does not proceed with the construction activities till they adopt and provide all the necessary measures to bring the dust and noise pollution within the prescribed standards/parameters for construction at the site in question”.

The court said that the Maharashtra Pollution Control Board (MPCB) had submitted a noise monitoring report on working days, “which seems to be on the higher side of the standards prescribed”. The court noted that the construction site had not provided adequate height acoustic barrier and was not taking any adequate precautions to avoid dust and noise pollution; there was no proper storage for construction material that were kept openly; there was no shed for grinding, cutting, drilling and trimming operation as a result of which the noise filled the surroundings and there was no fixed water sprinkling system and construction debris were found dumped.

“So, the two main issues are dust and noise pollution that have been happening because of this particular construction project, and no appropriate measures were taken to control the dust and noise pollution. The sub issue is that they have been dumping their construction waste in a manner where several storm water drains were blocked. This used to cause flooding in the area,” said Advocate Maitreya Ghorpade. Ghorpade and advocate Manasi Thakare fought the case on behalf of the housing society.

Plugging the gap

On Monday, the court upheld the order that it passed on Friday. “The court said that the MPCB needs to ensure that the noise and dust control measures are implemented and, until that is done, no construction can take place. It has also directed that, for past violations that we brought out on record, the MPCB needs to look into it and impose penalties,” says Ghorpade.

The court order to the PMC is expected to clear the existing ambiguity. “It was unclear as to what exactly is required from the builders, what do they need to implement to ensure that noise and dust pollution is controlled. There’s no clarity on this. Some put a mist machine or a green net or they take measures like this, which don’t limit the noise or the dust pollution. So, people suffer. Because they have observed this vacuum in the law, the court has ordered that the PMC needs to frame guidelines also for this,” says Ghorpade.

“Pune is, currently, facing a situation where various projects are underway that are causing these kinds of pollution. Just in Baner, in that same area, there are three other construction projects. This is a hugely significant order. There are existing neighborhoods where there are already buildings. Your neighbour’s building gets demolished and a new project comes up, that’s going to cause a lot of problems to the existing residents. The PMC guidelines could help allay that,” he adds.

Advocate Saurabh Kulkarni, who appeared for the builders, says, “The NGT has not passed any stay order for construction activities. They have only clarified that MPCB is empowered to take action in accordance with law if we flout any norms.” He added that the builders “have already taken all measures that are required by the law and the MPCB has to take a call now”.

A Quiet Day

A resident of Supreme Pallacio Cooperative Housing Society says that, on Monday afternoon, his body was still getting used to the lack of disturbance. Supreme Pallacio Cooperative Housing Society had woken up to silence after months. “Even three days ago, they were casting cement at 1.30 in the morning. He adds that, when they first saw boards for the IT Park being constructed, nobody was particularly worried. Pune is a hive of construction activity at present.

“Once they started the work, the issues started. We would get a lot of noise and dust. The residents of our society are very aware and environmentally conscious people. We also have a lot of senior citizens and also some people with co-morbidities. Supreme Pallacio conveyed its concerns through a letter to the realty company on May 20, 2024 and, subsequently, kept communicating our concerns regularly with their representatives until Sept 2024,” said the resident.

“Since there was no positive response for corrective actions, the Supreme Pallacio registered their complaints with the Commissioner of Police, local police (Balewadi) and PMC. Since Supreme Pallacio residents were facing health hazards and their complaints fell on deaf ears, we were compelled to file our application with NGT in May 2025,” he added.

On Monday, the leadership of the real estate company also reached out to Supreme Pallacio to “understand your concerns directly from you, share complete clarity and transparency about our ongoing work, and take all necessary precautionary and corrective measures so that we remain fully aligned with environmental norms and community expectations”.