The Bombay High Court has set a two-hour time limit for setting off firecrackers during Diwali

 The Bombay High Court has set a two-hour time limit for setting off firecrackers during Diwali

According to the HC, it would receive daily reports from all municipal corporations in the Mumbai Metropolitan Region as well as submit a weekly report to the court.

On November 6, the HC established a committee made up of specialists in environmental and air pollution issues.

In light of the air pollution crisis, the Bombay High Court on Friday changed its previous ruling and said that firecrackers may only be let off during Diwali between 8 and 10 p.m. On November 6, a division bench made up of Chief Justice D K Upadhyaya and Justice G S Kulkarni allowed people to let off firecrackers for three hours, from 7 p.m. to 10 p.m., across Maharashtra, as long as they stayed within the boundaries of all local authorities.

The bench said at a hearing on Friday that there was a decrease in firecracker explosions in Mumbai. Don't let us turn into Delhi. "Let us stay Mumbai residents," Chief Justice Upadhyaya said.  The bench said that the city's air quality index (AQI) continues to be low in a few crucial regions. "We find ourselves in a dire and urgent position. The court said, "A lot of attempts have been made, but maybe more has to be done. The bench said that it was changing its November 6 order. "The time to burst crackers shall be limited from 8 pm to 10 pm," it said.

The court said that, in light of the current circumstances, it does not think it is appropriate to change another direction in its ruling from November 6, which had prohibited the entrance of trucks carrying debris into the city but allowed them to operate provided they were completely covered. "All other directions of the November 6 order will continue. to operate till November 19," it said. The court said that after November 19, relevant municipal corporations will determine, after taking the AQI into account, whether or not trucks hauling debris should be permitted. The statement stressed the necessity for an expert research to understand the reasons while also stating that the source of contamination needed to be determined. "Is there research on the kind of pollution that this is?Is it only dust, or does it include any chemicals? due to the fact that patients with respiratory illnesses are flooding several hospitals," the court said.

The court was considering a number of petitions, one of which it had taken up suo motu—on its own initiative—concerning Mumbai's increasing air pollution. On December 11, the court will take up the subject once again. It was mentioned at the hearing that air pollution will continue to be an issue. Expert research on the sources of the pollution as well as mitigation strategies must be conducted. We are not experts," it said, emphasizing the need for a continuous monitoring system. Speaking on behalf of the state government, Advocate General Birendra Saraf informed the court that the AQI readings in the city had achieved acceptable levels since the administration has been making serious efforts, starting at the Chief Minister's Office level.

The judges made the observation that this was due to the rainy spells that the city had earlier this week in some areas. "Lots of rain helped," CJ Upadhyaya said. The government and the Brihanmumbai Municipal Corporation (BMC) have been performing wonderful and sufficient work, the court further stated. "However, you are not helping anybody. It said, "That is your responsibility." Speaking on behalf of the BMC, senior attorney Milind Sathe said that the organization has been carrying out the directives that were given in the wake of its March 2023 pollution reduction action plan. According to him, the flying squads of the municipal body have visited 1,623 construction and other sites so far. Of those, 1,065 have received notifications for violating the rules and regulations pertaining to pollution management.

The bench saw that there were a lot of sites breaking the rules. "A lot is said by the data. According to CJ Upadhyaya, "This demonstrates that the situation is not as positive as the BMC is attempting to portray," and the BMC's own statistics bear witness to the concerning condition of the air quality. The court further emphasized the need of an expert-led group and said that courts should only be used for adjudication.  "All this is a position of the executive that has been thrust upon us," the judge said. The bench pointed out that the nation's use of chemical firecrackers was outlawed by the Supreme Court. Is there a way to verify this right at the production stage? The judge questioned, "Or is there any mechanism to check this in the market where firecrackers are sold?"

On November 6, the HC established a committee made up of specialists in environmental and air pollution issues. It welcomed a retired bureaucrat as its third member on Friday. According to the HC, it would receive daily reports from all municipal corporations in the Mumbai Metropolitan Region as well as submit a weekly report to the court.