The Bombay High Court on Tuesday said religious places could use loudspeakers only with prior permission, and authorities had to ‘apply their mind’ before giving the go-ahead.
The order was given by a Division Bench, of Justice Abhay Oka and Justice A.A. Sayed, which was hearing petitions and public interest litigations on the rising noise pollution in the city. A few petitions highlighted the inconvenience caused by religious pandals set up in the city and their failure to abide by noise pollution rules. The PILs raised concern over noise levels exceeding the prescribed levels, the use of loudspeakers and firecrackers in silent zones, and the rise in the number of helipads in the State.
The court in its order said Rule 5 (Restrictions on the use of loudspeakers/public address system) of the Noise Pollution Rule was Constitutional and the State had to follow it. The Rule says a loudspeaker or a public address system shall not be used except on obtaining written permission from the authority concerned. It also says that a loudspeaker or a public address system shall not be used at night (between 10 p.m. and 6.00 a.m.) except indoors: auditoria, conference rooms, community halls and banquet halls. The court said Noise Pollution (Regulation and Control) Rules, 2000, were statutory in nature and no loudspeaker could be used without obtaining a license. The court also said permission could not be granted to use loudspeakers in silent zones and if granted the noise levels should be within the prescribed levels. The court said non-compliance with noise pollution rules would attract an imprisonment of five years and a fine of up to Rs. 1 lakh.
The court said the contempt notice issued to Additional Chief Secretary (Home) K P. Bakshi for not following its orders to acquire noise decibel meters to ensure adherence to noise pollution rules during festivals and large gatherings was pending. The Bench said the State would have to ensure requirements issued by the Environment Department were complied with. The court was informed that 1,843 meters to gauge noise levels would be procured by September-end after the Ganesh Chaturthi festival.
