The Bombay High Court has taken suo motu cognizance of severe noise and air pollution caused by loudspeakers, amplifiers and firecrackers during festival celebrations.
A division bench of Justices GS Kulkarni and Neela Gokhale expressed deep concern over the ground level failure to implement noise control regulations and initiated a public interest litigation.
In its order of September 21, the Court noted that public celebrations cannot override constitutional rights.
“There cannot be any objection to the festivities/processions being held, however, they need to be held in a manner, which is conducive and cognizant of the rights of the citizens at large, qua the adverse impact created by the high decibel noise pollution,” the bench observed.
It underlined that vulnerable persons including ailing senior citizens and students are left suffering.
“The celebrations certainly need to take place, but they cannot be at the cost of breach of the legal rights of thousands of citizens, who are seriously and adversely impacted, and who are left to suffer silently,” the order stated.
The court questioned the rationale behind allowing loudspeaker use late into midnight.
“We also do not find any logic in granting permission to play such loud music in these processions up to midnight, i.e., 12:00 am, when otherwise, we are informed that the permission for such processions along with the use of musical instruments, loudspeakers and amplifiers would be only up to 10:00 pm," the bench noted.
The court said it is contemplating a total ban on firecrackers considering the deteriorating air quality.
“Considering the indisputable severity of the air pollution in Mumbai, prima facie it is high time that firecrackers causing noise and air pollution leading to the toxicity of the air are banned, so as to nurture a healthy environment,” the bench added.
The Court has directed the State government to file an affidavit addressing the issues raised in the order. The matter will be heard on September 22.
Advocate General Milind Sathe with additional government pleader PN Diwan appeared for State.
A different bench of the High Court has also sought responses from the State government on a public interest litigation filed by Pune residents seeking time-bound enforcement of the court’s 2016 judgment on noise pollution control.
The petition has been filed by Akshay Gautamrao Bikkad and Harshal Narayan Garud has sought a direction appointing an independent third-party agency to monitor noise violations across the state.
That bench has appointed senior advocate Aspi Chinoy and advocate Anand Pai as amici curiae.
This petition will be heard on October 5.
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