Mumbai, November 2026 : The Bombay High Court has directed the Brihanmumbai Municipal Corporation (BMC), police and district authorities to regularly monitor construction sites across Mumbai to ensure that residents are not subjected to excessive noise pollution.
A bench comprising Chief Justice M.C. Tripathi and Justice Advait Sethna emphasised that monitoring should cover the entire city rather than being restricted to individual construction projects.
“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,” the bench observed.
The court was hearing a petition filed by Ashok Pathare, a resident of Shreyas Apartment on Mogul Lane in Mahim (West), against construction activities being carried out by Yashodhan Tower LLP on an adjoining plot.
According to the petition, the old structure at the site was demolished in February, while piling work began on July 24. Noise measurements recorded during a police panchnama on September 15 reportedly exceeded 100 decibels.
Following the complaints, the BMC issued a stop-work notice on September 22. However, the notice was withdrawn on October 1, citing measures related to air pollution mitigation.
During Wednesday's hearing, advocate Joel Carlos, appearing for the BMC, informed the court that a fresh stop-work notice had been issued to the developer on October 30. Pathare confirmed that construction activity had remained suspended since the latest notice was issued.
State advocate Milind More informed the bench that the police had also served a show-cause notice on the developer. The Maharashtra Pollution Control Board (MPCB), represented by its advocate, stated that it had issued a caution notice.
The bench, however, made it clear that addressing noise pollution could not be limited to issuing notices and completing paperwork. It stressed the need for concrete action and effective implementation of the Noise Pollution Rules.
The judges said the BMC should not permit construction work unless developers submitted a categorical undertaking on affidavit, assuring compliance with noise pollution standards and measures to prevent air pollution.
Clarifying that it was not imposing a blanket ban on construction activities in Mumbai, the court said authorities must ensure that noise levels at all construction sites 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,” Chief Justice Tripathi observed.
The High Court directed the concerned authorities to conduct regular, zonal monitoring of construction sites and warned that officials would be held accountable if noise levels were not brought under control.
“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 said.
The bench also decided to review the matter every three weeks to assess the effectiveness of the measures being implemented.
Appearing for the developer, senior advocate Anil Sakhare submitted that the project was a self-redevelopment scheme. He also pointed out that 14 other construction projects were underway within a 200-metre radius of the site. However, he assured the court that his client would submit the required undertaking.
The High Court directed that construction work could resume only after it was satisfied with the undertaking furnished by the developer, reinforcing the responsibility of civic and law enforcement authorities to enforce noise pollution norms across Mumbai.
