1. Petitions concerning state-wide enforcement of bans on firecracker bursting and unauthorized sound systems during festivities in public areas to mitigate environmental and noise pollution. (Para 1 , 2 )
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2026 Supreme(Online)(Bom) 5614
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G. S. Kulkarni, Neela Gokhale, JJ
In Re: Noise and Environmental Pollution – Appellant
Versus
State of Maharashtra – Respondent
SUO MOTU PUBLIC INTEREST LITIGATION NO. 01 OF 2026|INTERIM APPLICATION (L.) NO. 35677 OF 2026|INTERIM APPLICATION NO. 2946 OF 2022 IN PUBLIC INTEREST LITIGATION NO. 85 OF 2007|INTERIM APPLICATION NO. 3041 OF 2022 IN PUBLIC INTEREST LITIGATION NO. 85 OF 2007|INTERIM APPLICATION NO. 5287 OF 2022 IN PUBLIC INTEREST LITIGATION NO. 85 OF 2007
Important Points
The Court held that the failure of state authorities to implement bans on firecrackers and noise pollution on public streets violates the fundamental rights of citizens under Articles 14 and 21 of the Constitution of India.
Subject
Environmental Law - Noise and Air Pollution
Act Referred
Headnote
(A) Environmental Pollution - Noise and Air Pollution - Ban on firecrackers - Total ban on bursting firecrackers on public streets, roads, and in silence zones (vicinity of hospitals, courts, schools) to prevent toxicity and noise pollution. (Para 2)
(B) Administrative Compliance - Enforcement of Court Orders - Failure of official machinery to implement directions regarding public notices, awareness mechanisms, and complaint systems is viewed as a dereliction of duty. (Para 2, 3, 5)
(C) Fundamental Rights - Right to Life and Health - Dereliction of duty by police and municipal authorities in controlling noise and air pollution adversely affects the rights of citizens guaranteed under Articles 14 and 21 of the Constitution of India. (Para 6)
Issues: Whether the respondents have complied with the court's directions to curb noise and environmental pollution caused by firecrackers and music systems during festivals.
(B) Administrative Compliance - Enforcement of Court Orders - Failure of official machinery to implement directions regarding public notices, awareness mechanisms, and complaint systems is viewed as a dereliction of duty. (Para 2, 3, 5)
(C) Fundamental Rights - Right to Life and Health - Dereliction of duty by police and municipal authorities in controlling noise and air pollution adversely affects the rights of citizens guaranteed under Articles 14 and 21 of the Constitution of India. (Para 6)
Issues: Whether the respondents have complied with the court's directions to curb noise and environmental pollution caused by firecrackers and music systems during festivals.
Legal Category Hierarchy
-
constitutional law
-
fundamental rights
- right to life and health (Para 6)
-
fundamental rights
- administrative law
- environmental law
- practice and procedure
Advocates:
For the Appellants/Petitioners: Anand Pai, Lavanya Panicker, Rajendra Desai, Krishna Ratnaparkhi, Akshay Pawar, Vasim Siddiqui
For the Respondents: Anjali Helekar, Jyoti Chavan, Jaya Bagwe, Oorja Dhond
For the Appellants/Petitioners: Anand Pai, Lavanya Panicker, Rajendra Desai, Krishna Ratnaparkhi, Akshay Pawar, Vasim Siddiqui
For the Respondents: Anjali Helekar, Jyoti Chavan, Jaya Bagwe, Oorja Dhond
Table of Contents
2. Authorities contend that awareness measures are being finalized for dissemination while responding to alleged departmental inaction regarding official compliance mandates. (Para 3 , 7 )
3. The court found systemic executive delay in implementing judicial directions and emphasized the authorities' accountability for protecting citizens' constitutional rights to health and a pollution-free environment. (Para 2 , 3 , 5 , 6 )
4. Failure by state agencies to implement judicial directions protecting constitutional rights entitles the court to mandate strict accountability and adherence from public officials. (Para 5 , 6 )
5. The court directed police to formally sensitize staff on previous orders, prepare standard operating procedures for enforcement, and ordered authorities to file compliance affidavits by the next hearing. (Para 4 , 5 , 7 , 8 , 9 )
6. Does the failure of executive authorities to execute judicial orders constitute a violation of constitutional rights?
Yes, dereliction by official machinery in implementing orders meant to prevent health hazards and pollution-related nuisances adversely affects citizens' rights under Articles 14 and 21, warranting administrative accountability. (Para 5 , 6 )
7. What is the legal obligation of police and local authorities regarding court-ordered environmental restrictions?
Authorities are legally mandated to translate judicial directions into actionable standard operating procedures, ensure all subordinate officers are formally apprised of such orders, and enforce compliance through prompt action against violators. (Para 2 , 3 , 4 , 5 )
P.C.
1. In the present proceedings, detailed orders were passed on 22 September 2026 and 15 October 2026. The proceedings, where similar concerns are raised, have been assigned to this Court under the orders passed by Hon’ble The Chief Justice, are also listed independently today.
2. We find that, despite the aforesaid orders passed in the present proceedings, the wheels of the official machinery appear to be turning too slowly to comply even the basic preliminary compliances as ordered by the Court. No steps have been taken so far even to issue the basic notices as directed in paragraph 17(iii) of the order dated 15 October 2026. By the said order, this Court directed the Municipal Corporation and the Maharashtra Pollution Control Board to jointly issue appropriate notices in newspapers, electronic media, social media and other similar means of publicity, informing the public that the burning of firecrackers at public places, including streets, lanes, footpaths shall not be permitted. The notices are to apprise citizens of the harmful effects of the toxicity caused by the burning of firecrackers and to appeal to them to refrain from burning firecrackers that generate noise and cause smoke and air pollution. The other directions in this regard are quite specific, which too required immediate compliance. In our opinion, the seriousness of the issue has also been set out in our operative order, which require that complaints received by the respective Nodal Officers be addressed with utmost expediency and that prompt action must be taken. At the cost of repetition, we reproduce the relevant directions issued by this Court in its order dated 15 October 2026, which read thus:-
“17. In the light of the above discussion, we are of the considered opinion that at this stage of the proceedings, the following order would meet the ends of justice:
(i) The order dated 22 September, 2026 passed in the present proceedings shall be applicable throughout the year and to all festivals. Accordingly, there shall be a total ban to the bursting of firecrackers during festivities on public streets, roads, etc. The authorities shall take all measures to implement the said direction and prevent air and noise pollution being generated by the use of firecrackers.
(ii) There shall also be complete restraint on bursting of firecrackers in silence zones like in the vicinity of hospitals, Government offices, Courts, schools etc.
(iii) The Municipal Corporation and the Maharashtra Pollution Control Board shall jointly issue appropriate notices in the newspapers, electronic media, social media and other similar means of publicity, informing the public that the burning of firecrackers at public places, including streets, lanes, footpaths shall not be permitted.
(iv) The notice shall also apprise the citizens of the harmful effects of the toxicity caused by the burning of firecrackers and appeal to them to refrain from burning firecrackers that generate noise and cause smoke and air pollution.
(v) The State Government, the Municipal Corporation and the Pollution Control Board shall set up and implement an awareness mechanism regarding the burning/bursting of firecrackers, within a period of one week. Such mechanism shall include awareness programmes at the school levels, public announcement through electronic/social media and the display of messages on buses, at bus-stops, in trains and at other appropriate places, well before the festivals. The citizens shall also be encouraged to use green crackers with lower noise and air pollution emissions and to adhere to the limited time periods prescribed under the applicable Rules and Regulations for burning firecrackers.
(vi) The authorities may also consider involving celebrities in the awareness campaigns, with a view to make cities better places to live in.
(vii) The Municipal Corporations, the Pollution Control Board and the Police Department shall create a complaint mechanism for receiving compla
