Bombay High Court Restricts Firecracker Use to Evening Hours Due to Air Pollution

Firecrackers Law Insider

LI Network

Published on: November 07, 2023 at 00:03 IST

In response to the deteriorating air quality in Mumbai, the Bombay High Court has taken significant measures to combat air pollution.

The court directed the Municipal Corporations of the Mumbai Metropolitan Region to enforce a ban on the bursting of firecrackers, allowing their use only during the evening hours from 7 PM to 10 PM.

A division bench, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Girish Kulkarni, issued this directive as part of a Suo Motu Public Interest Litigation addressing the air quality crisis. During the proceedings,

Justice Kulkarni emphasized the need for a decisive plan to combat pollution and underscored the choice between a disease-free environment and the celebration of festivals through firecrackers.

The court’s actions extended beyond firecrackers, temporarily halting the movement of construction debris to and from construction sites until Diwali.

The court indicated that if air quality does not improve, it may consider a ban on the transportation of construction material.

Additional directions included the implementation of the Mumbai Air Pollution Mitigating plan, the use of metal sheets around construction sites, the application of sprinklers to suppress dust, and the strict enforcement of traffic norms to curb pollution.

The court also held the Assistant Municipal Commissioners responsible for any lapses in implementing these measures and ordered the formation of a two-member committee to monitor daily actions taken by Municipal Corporations.

Furthermore, the court instructed the state, municipal corporations, and educational institutions in the Mumbai Metropolitan Region to raise awareness about the adverse effects of firecracker use in the already polluted environment.

Senior Advocate Darius Khambata, appointed as amicus curiae by the court, emphasized the need for short-term measures to address the pollution problem immediately. Advocate General of Maharashtra, Dr. Birendra Saraf, highlighted the major sources of pollution, including construction and transportation of debris in open trucks.

The court’s directives also encompassed the transportation of ready-mix concrete in fully covered trucks, prohibiting open burning of waste, and requiring compliance with the Mumbai Air Pollution Mitigating plan issued by the BMC.

The court directed various government officials and entities to respond to the petition and adjourned the case, allowing NGO Vanashakti to intervene.

This proactive approach by the Bombay High Court aims to combat the worsening air quality in Mumbai and protect the health and well-being of its residents.

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