MUMBAI: The Bombay high court on Wednesday said construction sites across Mumbai must be routinely monitored to ensure that residents are not inconvenienced by noise pollution.“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,” said Chief Justice MC Tripathi and Justice Advait Sethna.The HC was hearing a petition by Ashok Pathare, a resident of Shreyas Apartment on Mogul Lane, Mahim (W), against construction by Yashodhan Tower LLP on an adjoining plot.The old building was demolished in Feb and piling work began on July 24. Police panchnama readings on Sept 15 recorded noise levels exceeding 100 decibels. BMC issued a stop-work notice on Sept 22, but withdrew it on Oct 1, citing only air pollution mitigation measures.BMC advocate Joel Carlos told the court that a fresh stop-work notice was issued on Oct 30. Pathare confirmed that construction had remained suspended since then.State advocate Milind More said the police had also issued a show-cause notice to the developer, while the Maharashtra Pollution Control Board’s advocate said it had issued a caution notice.The judges, however, stressed that action should not remain confined to paper. Calling for concrete measures and effective implementation of the Noise Pollution Rules, they said BMC should not permit construction unless developers furnished a “categorical undertaking” on affidavit that they would not violate noise pollution norms or cause air pollution.Clarifying that they were not ordering a blanket halt to construction, the judges said authorities must ensure that noise levels at construction sites across Mumbai 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,” the Chief Justice said.The HC directed officials concerned to routinely monitor construction sites on a zonal basis and warned that they would be held accountable if noise levels did not come down.“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 court will review the matter every three weeks.Senior advocate Anil Sakhare, appearing for the developer, said the project was a self-redevelopment scheme and that 14 other construction projects were underway within a 200-metre radius. He, however, said his client would file an undertaking.The HC directed that further construction could be permitted only “upon satisfaction of the undertaking”.
