Bombay HC seeks clarity on noise pollution

The Bombay high court on Friday asked the Maharashtra government to clear its stand on certain rules of the Noise Pollution Act, which according to an intervener in a public interest litigation against noise pollution, are contrary to each other and give to chance to people obtain permission to use loudspeakers.

Senior counsel Darius Khambata on behalf of petitioner Awaaz Foundation, an NGO, told the court that the contradiction in the rules allow people to get permission. The Awaaz Foundation, which filed its petition in 2007, argued for the need to measure noise pollution by construction activity and traffic. Later many people intervened in this and raised several issues relating to noise pollution.

“State must respond of Rules 3, 4, 5 and 6 of the Noise Pollution Act and interpret it,” said the division bench of Justice Abhay Oka and Justice Amjad Sayed while hearing a bunch of petitions against noise pollution.

During hearing, an intervener from Navi Mumbai alleged that the petitioner belonged to a political party and has filed the petition for political gains. Advocate Abdul Gafoor Kudle had also argued that the petition had sought details under RTI about illegal use of loudspeakers in mosques in Navi Mumbai only. However, the petitioner’s lawyer informed the court that he had sought information under RTI about how many pandals have taken permission for loudspeakers during Ganesh Utsav and Navratri.

The bench, however, clarified that it would not pass any order for any particular area. “We are here to issue direction about implementation of Noise Pollution Rules,” said the bench, adding that it would see to it that the law is implemented without looking at any religion, caste or community.