Mumbai: Bombay High Court amends Diwali firecracker order; time restricted to 2 hours only

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The Bombay High Court has revised its previous order, now permitting the bursting of firecrackers only between 8 pm and 10 pm during Diwali in response to escalating air pollution concerns. The decision follows an earlier allowance for three hours, from 7 pm to 10 pm, within the limits of all municipal authorities in Maharashtra, which the court deemed necessary to modify based on the air quality situation.

In a hearing on Friday, the bench, headed by Chief Justice D K Upadhyaya and Justice G S Kulkarni, acknowledged a decline in firecracker activity in Mumbai but emphasized the need to address critical areas with poor air quality. The modified order restricts the time for bursting crackers to a two-hour window, from 8 pm to 10 pm.

"Let's not become Delhi. Let's remain Mumbaikars," chief justice Upadhyaya said.

Highlighting the emergent and drastic situation, the court stressed the importance of further efforts to address the ongoing air pollution crisis. The court maintained other directives from the November 6 order, including restrictions on vehicles transporting debris in the city. However, it left room for municipal corporations to decide on the entry of such vehicles after November 19, considering the air quality index.

The court emphasized the necessity of a comprehensive study by experts to identify the causes of pollution, including potential chemical components. It reiterated the need for constant monitoring and set the next hearing for December 11. The court also formed a committee with environmental and air pollution experts, adding a retired bureaucrat as its third member, to monitor and report on pollution levels in the Mumbai Metropolitan Region.

Also read: Diwali 2023: BMC chief urges Mumbaikars to follow Bombay HC directive on firecrackers

The source of pollution also needs to be ascertained, it said, while emphasising the need for a study by experts to understand the causes.

"Is there any study as to what is the nature of this pollution...is it only dust or is there any chemical component in it? Because we are seeing many hospitals flooded with patients with respiratory illness," the court said.

The court also noted that all that the government and Brihanmumbai Municipal Corporation (BMC) have been doing is fine and good enough. "But you are not doing any favour on anyone. That is your duty," it added.

Senior counsel Milind Sathe, appearing for the BMC, said the civic body has been implementing the guidelines issued following its March 2023 pollution mitigation action plan.

The civic body's flying squads have so far visited 1,623 construction and other sites, of which 1,065 were issued notices for not complying with the pollution control norms and guidelines, he said.

The bench noted that the number of sites flouting the norms was high. "The data speaks a lot. This shows that everything is not as rosy as the picture the BMC is trying to paint," CJ Upadhyaya said, adding the figures provided by the BMC itself speak volumes about the alarming state of air quality.

The court also emphasised the need for a committee with experts and said the courts should be only for adjudication. "All this is the job of the executive that has been thrust upon us," the court said.

The bench noted that the Supreme Court had banned chemical firecrackers in the country. "Is there any mechanism to check this at the manufacturing level itself? Or is there any mechanism to check this in the market where firecrackers are sold?" the court asked. (With inputs from PTI)