Daijiworld Media Network - Mumbai

Mumbai, Nov 5: The Bombay High Court on Wednesday directed the Brihanmumbai Municipal Corporation (BMC), police and district authorities to routinely monitor construction sites across Mumbai to ensure that residents are not inconvenienced by noise pollution.

“There is a duty cast on BMC, police and district authorities. In every area, this has to be monitored and no inconvenience should be caused to the public at large. Monitoring just one building will not be sufficient. It has to be across Mumbai,” a bench comprising Chief Justice MC Tripathi and Justice Advait Sethna observed.

The High Court was hearing a petition filed by Ashok Pathare, a resident of Shreyas Apartment on Mogul Lane in Mahim (West), against construction activity by Yashodhan Tower LLP on an adjoining plot.

The old building was demolished in February, and piling work began on July 24. Police panchnama readings conducted on September 15 recorded noise levels exceeding 100 decibels. Subsequently, the BMC issued a stop-work notice on September 22 but withdrew it on October 1, citing only air pollution mitigation measures.

Appearing for the BMC, advocate Joel Carlos informed the court that a fresh stop-work notice had been issued on October 30. Pathare confirmed that construction activity had remained suspended since then.

State advocate Milind More told the court that the police had also issued a show-cause notice to the developer, while the Maharashtra Pollution Control Board (MPCB), through its advocate, said it had issued a caution notice.

The judges, however, emphasised that action against noise pollution should not remain confined to paperwork and called for concrete measures and effective implementation of the Noise Pollution Rules.

The bench said the BMC should not permit construction activity unless developers submitted a categorical undertaking on affidavit assuring that they would not violate noise pollution norms or cause air pollution.

Clarifying that it was not ordering a blanket ban on construction activity, the court said authorities must ensure that noise levels at construction sites across Mumbai remained within the prescribed limits.

“In any place in Mumbai, it should not be crossed. If it crosses beyond the threshold, it should be stopped,” the Chief Justice said.

The High Court directed the concerned officials to routinely monitor construction sites on a zonal basis and warned that they would be held accountable if noise levels were not brought down.

“On the next date, if it (noise) has not gone down, action will be taken against officials. They are entrusted with this task. They are not doing any charity,” the Chief Justice observed.

The court said it would review the matter every three weeks.

Senior advocate Anil Sakhare, appearing for the developer, submitted that the project was a self-redevelopment scheme and that 14 other construction projects were underway within a 200-metre radius. He, however, assured the court that his client would submit the required undertaking.

The High Court directed that further construction could be permitted only upon being satisfied with the undertaking furnished by the developer.