Officials not doing charity, must enforce noise, air pollution norms: Bombay HC raps BMC

The Bombay High Court pulled up the BMC over lax enforcement of air and noise pollution norms at construction sites, stressing that authorities must ensure compliance with such rules rather than treat it as an act of charity.

In Short

• Bombay HC reprimands BMC for lax enforcement of pollution norms at construction sites
• It stresses routine monitoring across Mumbai, not just action against individual builders
• Petitioner has partial hearing loss; noise pollution distresses his autistic son

The Bombay High Court on Wednesday pulled up Brihanmumbai Municipal Corporation (BMC) officials over their failure to ensure compliance with noise and air pollution norms at construction sites, saying they were "not doing charity" by enforcing the rules and must ensure there are no violations anywhere.

"They are not doing charity. They have to ensure that the norms are followed in toto," a bench of Chief Justice MC Tripathi and Justice Advait M Sethna said, stressing that monitoring of pollution norms must be carried out routinely across Mumbai and not be limited to action against individual builders.

The court was hearing a petition filed by Mahim resident Dr Ashok Pathare, who complained of persistent construction noise at a site adjoining his residence. Pathare told the court that noise pollution was only part of his problem, as he had spent more than 60 days approaching different departments and authorities, which kept passing the responsibility without ensuring any reduction in noise levels.

"In every area, the noise pollution norms have to be followed. Action against one builder will not suffice. This has to be monitored in every area," the bench observed.

"When you give permission there should not be noise or air pollution. The rules have to be adhered to. We are asking all the officials to monitor these things. They should do it on a routine basis. We are not against one individual builder. The officers who are responsible have to ensure that norms are followed," it added.

Dr Pathare had submitted that despite conditions imposed by the BMC, requiring construction sites to prevent nuisance, take precautions during piling work and comply with noise pollution regulations, the violations continued.

Citing police panchnamas, the petitioner said noise levels at the site had crossed 100 decibels, against the permissible daytime limit of 55 decibels in residential areas. He alleged that the implementation and enforcement of pollution rules remained confined to paper.

He also highlighted the impact of the construction activity on his family, stating that he has permanent partial hearing loss while his son, who has autism spectrum disorder, suffers severe distress due to the noise.

He alleged that the developer and contractor continued their operations despite complaints and invoked influential connections to discourage him from pursuing the matter.

The High Court then noted that the builder concerned had not filed an affidavit giving an assurance that there would be no further violations of noise and air pollution norms.

Emphasising the responsibility of civic and other authorities, the bench said their directions were intended to remind officials of their statutory duties and the obligation to protect the public from pollution.

"We are only informing all officials that there is a duty cast. There is a mandate of the High Court. In every area this is to be monitored, no inconvenience is to be caused to the public at large," the bench said.

The court also called for substantial reductions in noise and air pollution, while flagging light pollution as another concern. "There should be substantial reduction in air pollution and noise pollution. The light pollution is also an issue," it said, urging citizens to bring instances of violations to its notice.

"We also make a request that if you get first-hand information and there is a violation, then please indicate. Do not hesitate. We will look into it," the bench further said.

- Ends