Not satisfied with the contention that the government had relaxed the status of Shivaji Park as silence zone for a period of 45 days when rallies could be held there, the Bombay high court on Tuesday deferred hearing on a petition challenging the Brihanmumbai Municipal Corporation (BMC) and the police’s decision to grant permission to Maharashtra Navnirman Sena (MNS) to use loudspeakers for a rally on Gudi Padwa in Shivaji Park despite it being a silence zone.
The division bench of Justice Abhay S. Oka and Justice Prakash Deu Naik was hearing notice of motion filed by residents of the area led by Ashok Ravat of Wecom Trust against the use of loudspeakers for the rally. The bench asked the police under which power it had granted permission to use loudspeakers in a silence zone.
Not satisfied with respondents’ answer that the GR had not only allowed use of Shivaji Park for non-sports activities for 45 days a year but also granted permission to use loudspeakers during this period, the bench asked the MNS if it was ready to give an undertaking that norms of the Noise Pollution Act would not be violated. It refused to give any undertaking saying that this could not be given under current circumstances.
The bench also refused to accept the contention of the respondent that noise levels at Shivaji Park and across the city were already high without the use of loudspeakers. The judges said that this could not be a justification.
The trust has claimed that although the civic body and the police granted the MNS permission to hold the rally, the park falls within a silence zone. The trust has also claimed that the BMC charged the MNS an insufficient security deposit.
MNS chief Raj Thackeray is expected to address a rally in the Park on April 8 on the occasion of Gudi Padwa. The event is considered crucial for the MNS ahead of the BMC elections in 2017.
