The Bombay High Court has expressed serious concern over increasing noise pollution caused by construction activities in Mumbai and stressed the need for strict enforcement of statutory noise pollution regulations.
A Division Bench comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait M. Sethna was hearing Ashok Pathare v. State of Maharashtra & Ors., a writ petition concerning the failure of authorities to effectively regulate noise pollution arising from extensive construction activities.
During the proceedings, the Brihanmumbai Municipal Corporation (BMC) informed the Court that it had issued a stop-work notice on October 30, 2026, following a complaint received from Mahim Police Station. According to the BMC, construction activities at the concerned site had exceeded the 55-decibel noise limit referred to in its submission under the applicable pollution-control norms.
The High Court observed that noise pollution from mushrooming construction sites had become a serious issue requiring urgent attention. It emphasised that all stakeholders, including developers and builders, must strictly comply with the applicable noise pollution laws, rules and regulations.
The Bench further highlighted that ensuring a pollution-free environment is connected with the fundamental Right to Life guaranteed under Article 21 of the Constitution of India. It observed that the statutory responsibilities of the State, BMC and other authorities cannot be reduced to mere paperwork; effective implementation and enforcement are essential.
In its order dated November 4, 2026, the Court directed the concerned developer to submit an affidavit of undertaking before the Court, expressly committing to compliance with statutory noise pollution norms at all times. The developer was cautioned that any non-compliance would result in the immediate stoppage of construction activities.
The Court clarified that it was not opposed to construction activities themselves. However, development projects must operate within the framework of applicable environmental laws, and authorities must take appropriate enforcement measures. It also cautioned public authorities to ensure that monitoring and enforcement actions remain strictly lawful.
The Court decided to continue monitoring the matter regularly, with an endeavour to list it every four weeks. The matter has been posted for further consideration on December 4, 2026.
Case: Ashok Pathare v. State of Maharashtra & Ors.
Case Number: Writ Petition (L) No. 35005 of 2026
Court: Bombay High Court
Bench: Chief Justice Mahesh Chandra Tripathi and Justice Advait M. Sethna
Order Date: November 4, 2026