The Bombay High Court has directed civic authorities, police and district officials to regularly monitor noise levels at construction sites across Mumbai, emphasising that developers must comply with prescribed noise pollution standards. The court has also warned officials that they will be held accountable if construction-related noise exceeds permissible limits during future inspections.
A division bench comprising Chief Justice MC Tripathi and Justice Advait Sethna issued the directions while hearing a petition filed by Ashok Pathare, a resident of Shreyas Apartment on Mogul Lane in Mahim (West), against construction activity undertaken by Yashodhan Tower LLP on an adjoining plot.
The court observed that monitoring should not be restricted to an individual building or a specific complaint. Instead, authorities must ensure regular inspections across different areas of Mumbai to prevent construction activities from causing inconvenience to residents.
Construction Noise Exceeds 100 Decibels
The petition highlighted concerns over excessive noise generated during construction work at the adjoining site. The existing building was demolished in February 2026, and piling work commenced on July 24.
According to police panchnama readings recorded on September 15, noise levels at the site exceeded 100 decibels. Following this, the Brihanmumbai Municipal Corporation (BMC) issued a stop-work notice on September 22. However, the notice was withdrawn on October 1, citing measures related to air pollution mitigation.
The BMC subsequently issued another stop-work notice on October 30. During the court proceedings, the petitioner’s counsel confirmed that construction activity had remained suspended since the issuance of the latest notice.
The state government informed the court that the police had issued a show-cause notice to the developer. The Maharashtra Pollution Control Board (MPCB) had also issued a caution notice.
However, the bench emphasised that issuing notices alone would not be sufficient. Authorities must ensure that the prescribed Noise Pollution Rules are effectively implemented and that construction sites comply with the applicable standards.
Developers Must Submit Compliance Undertakings
The High Court directed the BMC not to permit construction activities unless developers submit a categorical undertaking on affidavit confirming that they will comply with noise pollution standards and will not cause air pollution.
The judges clarified that the order does not impose a blanket restriction on construction activities across Mumbai. Instead, construction can continue as long as noise levels remain within the prescribed limits.
The Chief Justice stated that whenever noise levels exceed the permissible threshold at any location in Mumbai, construction work must be stopped.
The court further directed the concerned authorities to undertake regular monitoring of construction sites on a zonal basis. Officials were warned that they could face action if noise levels did not come down during subsequent inspections.
Court to Review Compliance Every Three Weeks
The High Court has decided to review the implementation of its directions every three weeks. It has made clear that the responsibility for monitoring construction-related noise rests with the concerned civic and government authorities.
During the hearing, senior advocate Anil Sakhare, representing the developer, informed the court that the project was being undertaken as a self-redevelopment scheme. He also pointed out that 14 other construction projects were underway within a 200-metre radius of the site. The developer’s counsel agreed to submit the required undertaking.
The court directed that further construction at the disputed site could be permitted only after it was satisfied with the undertaking submitted by the developer.
Implications for Mumbai’s Construction Sector
The High Court’s directions place greater responsibility on developers to manage noise levels during construction and ensure compliance with environmental regulations. Projects involving demolition, piling and other noise-intensive activities may need closer monitoring and appropriate measures to prevent excessive noise.
The order also reinforces the responsibility of civic authorities to conduct regular inspections rather than relying solely on complaints and notices. For Mumbai’s construction sector, adherence to noise pollution standards will remain an important requirement for continuing construction activities without regulatory intervention.
