P.C.:

1. Heard Ld. Senior Counsel for the Respondent Nos. 6 and 7 along with the other Ld. Counsel for the respective parties.

2. At the very outset, our attention is drawn to the previous order dated 26th October 2026 passed by this Court. We had, at that stage, recorded the grievance of the Petitioner, more particularly, to the effect that no effective steps have been taken by the State and/or its instrumentalities to regulate/control, much less curb noise pollution. In such backdrop, we had directed all Respondents to file their respective Affidavit-in-Reply to categorically provide for the steps taken to address the menace of noise pollution, placing on record the Policies/Rules/Regulations, given the massive construction activities ongoing in the city.

3. Mr. Joel Carlos, Ld. Counsel appearing on behalf of Respondent No. 5-BMC has invited our attention to the Affidavit-in- Reply dated 4th November 2026 filed on behalf of the said Respondent and submitted that on receipt of Complaint from Mahim Police Station, a Stop Work Notice was issued on 30th October 2026 to the Respondent No. 6-Developer as the work on site was being carried out beyond the outer limit of noise pollution of 55 decibels as defined by the Central Pollution Control Board (CPCB). By the said Notice, Respondent No.6 was directed to stop the construction work, failing which, it was informed that further prosecution will be initiated against the said Developer. He would further submit that the Municipal Commissioner has instructed all the concerned Officers to strictly adhere to the applicable norms established under law and to take all possible actions to ensure that the grievances/complaints which are found to be genuine are addressed immediately.

4. Mr. Carlos would further submit that the Respondent No. 5- BMC has appointed Mr. Ajay Rane, Deputy Chief Engineer from the Department of Environment and Climate Change as the Nodal Officer for the purpose of ensuring compliance with respect to the Noise Pollution issue taken up by this Court in Suo Motu PIL No. 1 of 2026. The BMC has given also newspaper publications on 22nd October 2026 for awareness on the issue of Noise Pollution caused on account of burning of firecrackers during Diwali.

5. According to Mr. Carlos, the Respondent - BMC has also prepared visuals for awareness regarding the directions issued by this Court on the harmful/adverse effect of Noise Pollution caused due to burning of firecrackers at public places, roads etc. Mr. Carlos further submitted that the Respondent - BMC has its dedicated helpline number 1916 for Noise pollution complaints. The Disaster Management Department will receive such noise pollution complaints on the said helpline number and will forward the same to the concerned local Police Station immediately.

6. Mr. Carlos would further submit that all the concerned Officials of the Respondent - BMC have been directed by the said circular dated 22nd October 2026 to ensure that all permissions for public gatherings and festivities are processed in such manner so as to ensure that there would be no Noise Pollution emanating from burning firecrackers.

7. Mr. Sakhare, Ld. Senior Counsel appearing on behalf Respondent Nos. 6 and 7 would submit that prior to issuance of the Stop Work Notice dated 30th October 2026, an earlier Stop Work Notice was issued on 22nd September 2026 to the said Respondents. In response thereto, the said Respondents had stopped the construction activity until the Stop Work Notice of 22nd September 2026 was revoked on 1st October 2026, following the compliance by the said Respondents, as required by the Respondent – BMC.

8. Mr. Sakhare would further submit that a Reply has been filed to the Stop Work Notice issued on 30th October 2026 by the Respondent - BMC. He would submit that after receipt of the said Notice, the construction activities at the site, have been stopped. Accordingly, he would urge that the Competent Authority of the Respondent - BMC be dire