'It Is Their Duty': Bombay HC Directs BMC To Monitor Noise Pollution At Construction Sites Across Mumbai

Mumbai: The Bombay High Court on Wednesday directed civic authorities to step up monitoring of noise pollution at construction sites across Mumbai, making it clear that enforcing prescribed limits was a statutory responsibility and not an act of charity.

A bench of Chief Justice Mahesh C Tripathi and Justice Avait Sethna was hearing a petition filed by a Mumbai resident alleging violations of noise pollution norms during construction work linked to a building redevelopment project.

Clarifying that it was not seeking to halt construction activity altogether, the court said its concern was to ensure that noise levels remained within permissible limits and that residents were not subjected to unnecessary inconvenience.

“We are not stopping the entire work. We are directing authorities that noise pollution should not cross higher limit. This is to be monitored by senior officials, and police in any and every place,” the bench observed, as reported by Bar and Bench.

The Brihanmumbai Municipal Corporation (BMC), represented by its counsel, informed the court that stop-work notices had been issued in response to complaints about excessive noise from construction activities. However, the judges stressed that enforcement must be visible on the ground rather than confined to official notices and assurances.

BMC Asked To Divide Areas Into Monitoring Zones

The bench directed the civic body to introduce routine monitoring across Mumbai, with areas divided into zones and designated officers made responsible for ensuring compliance with pollution norms.

“We are asking the corporation to monitor, on a routine basis. We are not against one individual. Areas should be demarcated into zones and officers responsible for that zone should ensure that these guidelines are followed. This is not charity. This is their duty!” the court said.

It also indicated that it would review the implementation of measures to curb noise pollution every third week, alongside its ongoing monitoring of air pollution. The bench said it was not taking up light pollution at this stage. The judges urged the petitioner to continue bringing instances of noise or air pollution to their attention, observing that such violations affect the public at large.

Construction To Require Undertaking On Noise Norms

The court further said construction should not be allowed to proceed without a clear undertaking from developers that prescribed noise limits would be followed. It emphasised that while redevelopment and construction could continue, they must comply with applicable regulations.

The bench also cautioned civic departments against using enforcement powers to harass or blackmail builders. Officials were instead directed to monitor compliance and issue notices whenever violations were detected.

In the case before it, the BMC had already issued a stop-work notice, which the developer had challenged. The court directed the developer to submit an undertaking and affidavit confirming compliance with the relevant government resolution and noise pollution norms.

The interim order stated that further construction would be permitted only after the authorities were satisfied with the undertaking. Without it, no permission should be granted to resume work.

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