Bombay High Court: Officers not acting on noise pollution liable

The Bombay high court has directed the state government to act against officers failing to take cognisance of noise pollution complaints.

The court also observed that living peacefully was the fundamental right of every citizen and anybody violating it was liable to face criminal action. It also said affected citizens should be compensated suitably.

A division bench of Justice Abhay Oka and Justice A.A. Sayed was dictating order on dozens of PIL filed regarding noise pollution.

As the state government gets ready with a development plan for major cities in Maharashtra, the court asked the state to include a provision of sound mapping system in those plans so that noise pollution can be brought under control in future.

While dictating the order, the court referred to an apex court order, which said how noise pollution was hazardous to human life. It directed the state government to give wide publicity to grievances redressal forum, which had been created at every municipal level, so that the people know where to lodge noise pollution complaints during major festivals.

The court observed that the Environment Protection Act has a strict provision where violators of the law can be punished with up to 5 years’ imprisonment and a penalty of Rs 1 lakh. Therefore, the court directed the police to forward complaints to local environment protection officers.

The court said the directions regarding noise pollution was not concerned with any particular religion or sex.

The court also directed municipal commissioners to ensure that pandals and temporary booths erected during festivals do not hamper public movement on the footpaths and roads.

The court also made it clear that while giving permission for pandals, municipal authorities tell the mandals that further permission to display hoardings and play loud speakers should be sought from the authorities.

The court also made it clear that playing loudspeakers at silence zones was prohibited and if schools, colleges and hospitals wanted to celebrate programmes in a closed auditorium or hall, they could do so, but it should not be audible outside. The court has posted the matter for hearing on October 4.