Bombay High Court mutes Shivaji Park Gymkhana’s music plea

Mumbai: The Bombay high court on Friday dismissed a petition filed by the Shivaji Park Gymkhana seeking permission to use loudspeakers for Christmas and New Year’s Eve celebrations. The division bench of Justice V M Kanade and Justice Nutan Sardessai rejected the petition filed by the gymkhana members seeking permission to use the iconic ground for a sports-cum-entertainment event on December 25 and a party on the New Year’s Eve. While dismissing the motion the bench noted that for the last four years the gymkhana had been seeking permission on the assurance that an alternate place would be arranged for the next year.

Advocate Ravi Gadkar had pointed out to court that Shivaji Park is a silence zone. Mr Gadkar said that schools and hospitals were located in less than 100 meters distance from the ground.

The bench observed that the HC had already passed a detailed order in similar matter and loudspeakers could not be used in silence zones. Justice Kanade said that Shivaji Park is one of the few open grounds left in the city and suburbs. They said that often clubs and political parties hold their programmes there and violate law. The bench further said: “Shivaji Park does not belong to Shiv Sena, MNS or any other political party but to children and citizen.” “It is always open for the petitioners to organise their programmes in halls or hotels where law would not be violated,” said Justice Kanade.

BMC counsel S.U. Kamdar informed the court that BMC is taking strict action against organisers who violate conditions imposed by the corporation during their programme. He gave example of the Bengal Club and said BMC has already reduced area allotted to them because they had not complied with all the conditions. The bench on Thursday itself had indicated that it is not inclined to grant permission for use of loudspeakers at Shivaji Park. “We do not understand why people want to organise their events in Shivaji Park? It has become a dumping ground due to continuous events and festivals,” the bench said.

Silent zone:
As per Bombay high court order not only use of loudspeakers is banned in silence zones but even the use of drums, blowing horns, trumpets and playing of any music using sound amplifiers is also not allowed. Noise limit during day time is 50 dB from 6.30 am to 8.30 pm and night time is 40 dB from 8.30 pm to 6.30 am.