Bombay High Court restricts bursting of firecrackers in Mumbai during Diwali to these timings

The Bombay High Court on Monday directed municipal authorities and the police administration to ensure that the bursting of firecrackers in Mumbai during Diwali is restricted to three hours between 7 PM to 10 PM. .A Bench of Chief Justice Devendra Kumar Upadhyaya and Justice GS Kulkarni was hearing a suo motu public interest litigation on the deteriorating air quality in the Mumbai Metropolitan Region during which it raised concerns about the poor Air Quality Index (AQI) in the city..The Bench clarified that it was not imposing a ban on the bursting of firecrackers, since it was not an expert on how much the same contributed to air pollution. Further, the State government was to consider the measures specified in the judgments of the National Green Tribunal (NGT) and the Supreme Court on firecrackers."There are other issues involved in considering the plea to ban bursting of firecrackers including the rights of citizens under Article 25 (Right to freely practice religion subject to some restrictions). Therefore, we are proposing some time limit. 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," the Court said. .It also remarked that citizens were required to make a choice between a disease-free environment and bursting firecrackers during the upcoming Diwali festival. "The citizens have to decide now. 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. Entire city is affected in this manner. It is impossible for everyone to walk...Daily situation is different. You have to make a decision. We cannot completely depend on nature and we have to implement it. We are living on this Earth. We have created this situation.".During the course of hearing, the Court also contemplated banning the plying of all vehicles carrying debris in and out of the construction sites till the end of Diwali.However, Advocate General Dr Birendra Saraf appearing for the State government and Senior Advocate Dr Milind Sathe for the Brihanmumbai Municipal Corporation (BMC) vehemently opposed the proposed direction. They reasoned that project works, including infrastructure projects of public importance, will come to standstill if the same is ordered..The Court nevertheless ordered the authorities to ensure that all construction material taken in and out of sites is transported in wholly covered trucks or mixer plants. It added that no construction debris is to be carried in or out of construction sites till Friday and if the air quality is not improved by then, it would pass an order banning transportation of construction material in and out of sites."Heavens are not going to fall if construction vehicles are stopped for a week. Construction material and debris are major reasons for increasing air pollution. Lives of Mumbaikars are important. There will be hundreds of trucks everyday with these dumpers etc. They should be covered at the moment. Nothing can be more cascading than public health," the judges said. .Further, the Court directed strict implementation of the Mumbai Air Pollution Mitigation Plan framed by the BMC in March 2023 in its true letter and spirit."To ensure compliance of 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 in importation of said plan," the Bench said.The Court appointed a committee of experts from Council of Scientific & Industrial Research-National Environmental Engineering Research Institute (CSIR-NEERI) and the Director of State Health Services to oversee the issue. The Municipal Commissioner was also asked to submit a daily report on the matter to the said panel..[Read order]