Collect data on action taken against breach of noise pollution rules during festivals: Bombay High Court

  • 13/10/2015

  • Indian Express (Mumbai)

OBSERVING that all religious festivals should be celebrated in a “meaningful manner” so that no inconvenience is caused to any residents, the Bombay High Court Monday further said that no religion gives permission to celebrate festivals by committing breach of law or causing nuisance. The court has now directed the state government to collect data on action taken against breach of noise pollution rules during Navratri and Diwali. It has further directed the municipal corporations of the state to ensure compliance of court orders relating to erection of pandals and compliance of noise pollution rules during festivals which will take place in October and November. The court made it clear that any policy by any corporation which is in contravention of the court orders cannot be implemented by the corporation. Justices A S Oka and V L Achliya were hearing a Public Interest Litigation (PIL) which raises the issue of illegal pandals being erected across the state during Dahi Handi and Ganesh Chaturthi festivals and noise pollution rules being flouted. Pointing out that municipal corporations and the state government had failed to comply with orders of the court and large number of pandals were erected without taking permission in breach of terms and conditions during Ganesh Chaturthi, the court said. “One reason for failure can be failure of the revenue officers appointed by the state government to bring to notice of municipal authorities the fact that illegal pandals have been erected. As a result of this, action could not be taken by the corporation as idols had already been installed inside the pandals,” observed the Court. The court said that since there were lesser number of pandals erected during Navratri as compared to Ganpati festival, it hoped the authorities would be able to take action. “Perhaps we acted leniently towards municipal officers with relation to erection of illegal pandals as idols had been installed in them (during Ganesh Chaturthi). But we make it clear that any breach by authorites and officers with relation to erection of pandals and noise pollution rules will now be viewed seriously,” warned the HC. According to earlier orders of the court, district collectors were directed to constitute a team of revenue officers in each corporation area to check whether pandals have been erected on footpaths and roads without permission. The HC said that while municipal commissioners had discretionary powers for granting permission for erection of pandals, during the next religious festival those organisations which committed breach should not be granted permission. “The conduct of organisations will have to be considered. The commissioner will be justified in rejecting the permission for erecting pandals in the future,” said the HC. It observed that some organisations were run by persons having connection with political leaders and during an earlier hearing it had asked all municipal corporations to place on record names and addresses of mandals and particulars if prominent leaders are associated with them. However, no corporation had done so. “No one had disclosed names of political leaders involved. None of them have approached the charity commission to get names. While we get the constraint faced by municipal corporation, no such constraint can come in the way of implementation of law,” stated the HC. The court also said that the authorities had failed to take action in terms of Noise Pollution rules, even as the court orders were applicable for all religious festivals. The court had earlier directed the the right of the citizens should not be violated and erection of pandals on public streets and footpath for religious festivals should not obstruct free movement of traffic and pedestrians. Stating that in terms of noise pollution rules, the court had directed authorities to initiate prompt action, the court pointed out that all that had been done was issuance of showcause notices,, which was not “appreciated.” “There is nothing to show that officers used equipments given to record noise levels,” said the court. Stating that the main objective of the noise pollution rules was maintenance of ambient air quality which also allows imposition of penalties in cases of violation, the Bench further stated, “The restriction on loudspeakers and public address system under noise pollution rules is only a small part . It is also applicable to instruments and equipments which create heavy beating sound, The authorities completely ignore this. There is more than enough power under the rules.”