Bombay High Court calls Mumbai pollution worse than Delhi, sets firecracker deadlines

The High Court of Bombay on Wednesday, October 21, 2026, pulled up Mumbai's civic body, police and pollution regulator for failing to enforce its ban on bursting firecrackers on public roads, and called it shocking that the coastal city was recording pollution levels higher than Delhi's. A division bench of Justices Girish Kulkarni and Neela Gokhale noted that its earlier order had been openly broken during the recent Durga immersion processions. The bench ordered the Brihanmumbai Municipal Corporation (BMC) and the Maharashtra Pollution Control Board (MPCB) to issue public notices by October 24, told the BMC and Mumbai Police commissioners to file affidavits on enforcement by October 26, and warned that it could start contempt proceedings.

Delhi is usually seen as the centre of India's air-pollution problem, so the court's remark about Mumbai stands out. The bench questioned how a coastal city with sea breeze and open spaces could be recording dirtier air than the capital, and treated that as a sign that existing measures are not working. Firecrackers are only one source of pollution, but they are one that the authorities can control directly in the short term.

The hearing is less about new rules than about whether the existing ones are obeyed. The ban the court imposed on October 15 was clear, but bursting continued during festival processions. Enforcement during festivals is difficult, because crowds are large and processions move through many neighbourhoods. That is why the bench went further this time: it asked for a written procedure so that police and civic officers know exactly what to do when they see a violation, and it asked the top officials to answer personally. Requiring the commissioners to file affidavits makes them answerable on record for what their departments have done.

The timing is important. Diwali falls on November 8 this year, and the weeks around it usually bring the most firecracker use of the year. Public notices before October 24 are meant to make sure residents, housing societies and organisers of public events know the rules in advance, so that ignorance cannot be offered as an excuse later.

The case also reflects a wider pattern of courts stepping in on environmental governance in Indian cities. When municipal bodies and pollution boards are slow, judges increasingly set deadlines, ask for affidavits and threaten contempt to push them. Whether this produces lasting change depends on whether the agencies build enforcement into their routine, rather than responding only when a court summons them.

Short-term: Mumbai residents and festival organisers can expect clearer notices and stricter police action against bursting firecrackers on roads and near hospitals and schools in the run-up to Diwali. Civic and police officials face personal scrutiny when the court sits again on October 26.

Long-term: An SOP for violations could become a permanent part of how Mumbai handles festival pollution and noise, and may serve as a model for other Maharashtra cities. Sustained enforcement could also push authorities to tackle other sources such as construction dust.

Who is affected: Mumbai's residents, especially children, older people and people with breathing problems; hospitals, schools and courts in silence zones; housing societies and festival organisers; and the BMC, Mumbai Police and MPCB.

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