Consider noise mapping across major cities: High court to state

MUMBAI: Making it mandatory for all town planning authorities to take into consideration all aspects of noise pollution while preparing development plans (DPs),

MUMBAI: Making it mandatory for all town planning authorities to take into consideration all aspects of noise pollution while preparing development plans (DPs), the Bombay High Court on Tuesday directed the state to consider undertaking exercise of noise mapping across major cities in the state.

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The division bench of Justices Abhay Oka and Amjad Sayed gave the government three months to take an appropriate decision in this matter.

The bench also directed implementation of measures to curb noise emanating from vehicular movement and construction activities, and inform it about the steps taken within the same time frame.

‘ABIDE BY THE RULES’

Also, putting an end to the speculations surrounding the use of sound amplifiers in silence zones, the bench held that using loudspeakers or public address system in a silence zone is an offence and no permission can be granted by any authority for using such instruments.

In regards to silence zones around hospitals, courts, educational institutions, the bench clarified that such institutions can use sound amplifiers within their precincts after obtaining necessary permissions, but have to maintain a prescribed noise level — maximum 10 decibels above the noise level prescribed for the area.

Citing Noise Pollution Rules, 2000, the bench stated that noise emanating from private places cannot exceed the level stipulated as per the guidelines and violation by individuals will attract penal consequences under the Environment (Protection) Act, 1986.

The bench also ordered authorities concerned with granting of permissions for new helipads in the city, to take into account Ministry of Environment and Forests (MoEF) stand in the court and avoid granting permission for construction of new helipads.

COURT OBSERVES

All places of religion are bound by the Noise Pollution Rules, 2000, and no religion has any fundamental right to use loud speakers or public address system as part of fundamental rights conferred by Article 25 of the Constitution of India, the Bombay high court held on Tuesday.

“All places of religion shall scrupulously follow Noise Pollution Rules and no religion can claim any right to use loud speakers or public address system, without obtaining requisite permission,” stated the bench. The judges clarified that they were not dealing with any religious issue, but dealing with the issue of fundamental rights of citizens.

“What we have laid down will apply to all religions and sects,” the court added.

The court also held that any breach of Noise Pollution Rules, 2000 shall amount to infringement of fundamental right of citizens guaranteed under Article 21 of the Constitution of India and therefore, apart from other remedies available against such a violation, the citizens affected by noise can also claim damages for the infringement.