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Why is Shivaji Park not silent zone, asks HC

mumbai Updated: Apr 22, 2010 01:33 IST
HT Correspondent
HT Correspondent
Hindustan Times
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The Brihanmumbai Municipal Corporation will have to explain why Shivaji Park has not been declared a silent zone under pollution control norms.

The Bombay High Court on Thursday gave BMC Commissioner, Swadheen Kshatriya, time until May 5 to respond.

“There are temples around Shivaji Park and we see no reason for the BMC not to follow the regulations,” a division bench of Justice FI Rebello and Justice Mridula Bhatkar said while hearing a public interest litigation (PIL) seeking a ban on political rallies on the historic ground.

The PIL was filed by city-based Veckom Trust and local residents, Sharad Dixit and JD Udeshi seeking a complete ban on non-sporting activities at Shivaji Park.

The judges were irked when they found that the affidavit filed by Assistant Municipal Commissioner (C-Ward), Narayan Pai, stated that practically every other building in the area houses a primary school or a nursery.

“You are bound to enforce rules,” said Justice Rebello.

“You cannot shirk your responsibility under one guise or the other.”

He added that Shivaji Park met the parameters for being declared a silent zone. BMC’s lawyer said Shivaji Park could not be declared a silent zone because as it was a large area.

Declaring Shivaji Park a silent zone will mean a prohibition on frequent political rallies because the decibel levels and use of loudspeakers will be regulated.

The PIL says Shivaji Park was shown in the development plan as reserved for sporting activities and therefore it cannot be used for any other purpose.

The petitioners had sought orders to declare Shivaji Park a silent zone citing nuisance caused to residents due to political rallies and other events.

The Brihanmumbai Municipal Corporation will have to explain why Shivaji Park has not been declared a silent zone under pollution control norms.

The Bombay High Court on Thursday gave BMC Commissioner, Swadheen Kshatriya, time until May 5 to respond.

“There are temples around Shivaji Park and we see no reason for the BMC not to follow the regulations,” a division bench of Justice FI Rebello and Justice Mridula Bhatkar said while hearing a public interest litigation (PIL) seeking a ban on political rallies on the historic ground.

The PIL was filed by city-based Veckom Trust and local residents, Sharad Dixit and JD Udeshi seeking a complete ban on non-sporting activities at Shivaji Park.

The judges were irked when they found that the affidavit filed by Assistant Municipal Commissioner (C-Ward), Narayan Pai, stated that practically every other building in the area houses a primary school or a nursery.

“You are bound to enforce rules,” said Justice Rebello.

“You cannot shirk your responsibility under one guise or the other.”

He added that Shivaji Park met the parameters for being declared a silent zone. BMC’s lawyer said Shivaji Park could not be declared a silent zone because as it was a large area.

Declaring Shivaji Park a silent zone will mean a prohibition on frequent political rallies because the decibel levels and use of loudspeakers will be regulated.

The PIL says Shivaji Park was shown in the development plan as reserved for sporting activities and therefore it cannot be used for any other purpose.

The petitioners had sought orders to declare Shivaji Park a silent zone citing nuisance caused to residents due to political rallies and other events.

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