The Bombay High Court today directed the Maharashtra government to curb noise pollution resulting from religious festivities, road traffic and construction activities in major cities, observing that the state has failed to implement rules in this regard.
The ruling was delivered by a bench headed by Justice Abhay Oka which was hearing a bunch of public interest litigations alleging violation of noise pollution rules and encroachment by pandals on roads during religious festivals.
The bench asked the Maharashtra government to inform within three months what steps it proposes to take to curb noise pollution in the state.
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It also asked the state government to direct the planning authorities at all levels to ensure that quality of life and ambient air standard is maintained while preparing the development plans in various areas and the Regional Town Planning Act.
The high court directed the state government to undertake 'noise mapping' in all the major cities and ensure that the data collected from this exercise is used in preparing development plans in different areas of the state.
The bench also asked the state to take action against those authorities which fail to take prompt action on receiving complaints about violation of noise pollution rules.
"Failure to take action will lead to violation of liberty enshrined under article 21 of the Constitution (Right to Equality)," the bench observed.
The court also observed that the state government had failed to implement noise pollution rules in the state and violation of norms was more rampant during religious festivals.
Further, the judges said the government did not follow in letter and spirit the orders passed by the high court in this regard earlier.
The bench also asked the municipal commissioners of civic bodies and Police Commissioners of major cities to formulate a grievance redressal mechanism for noise pollution rules, if not already done.
The judges asked the state to give adequate publicity to the grievance redressal mechanism before the onset of religious festivals such as Ganeshotsav, Dahi Handi and Diwali.
The high court also ruled that all places of worship
should strictly follow noise pollution rules and if loudspeakers are used by them, the authorities concerned must ensure that permission is taken by them by following due process of law.
The court further ruled that in case of places of worship which fall in silence zones, loudspeakers and public address system should not be allowed at any cost.
In areas other than places of worship in silence zones, loudspeakers and public address system should be totally banned, the court ruled.
In case of schools, colleges and hospitals which are surrounded by silence zones within 100 metres of their peripheries, use of loudspeakers or public address system by these institutions would be allowed only if prior permission is taken from the authorities provided the noise is within permissible limits.
Moreover, in such cases loudspeakers should be installed within their premises, the bench ruled.
The judges ruled that while granting permission to erect pandals during religious festivals, the Municipal Commissioner of the area should insist on an undertaking from the organisers that they would not use loudspeakers or advertisement hoardings without seeking permission from the concerned authorities.
The bench also ruled that while erecting pandals, the Municipal Commissioner and Police of the respective areas should ensure that pedestrian traffic in not disrupted as the people have a 'right to good roads and footpath' enshrined under Article 21 of the Constitution.
The bench also asked the authorities to ensure that while constructing pandals the organisers do not dig up the roads and obstruct pedestrian movements.
The judges also asked the state government to create a public awareness about noise pollution rules, saying it has adverse effect not only on human beings but also on all the living beings.
Such awareness should be brought about among students in schools and colleges through social media, radio, television and newspapers, the bench observed.
"The noise pollution rules have been enacted for the people of every religion and no religion demands or advocates use of loudspeakers during the festivals," said the court.
The High Court cited a Supreme Court judgement to state that freedom to practise religion does not extend to "any and every place".
The judgement was delivered on petitions filed by Thane resident Mahesh Bedekar, Awaz Foundation and others.
