Shiv Sena rally allowed in Mumbai, told to keep noise level low

Parties had an obligation to adhere to noise pollution norms

GN Bureau | October 17, 2015


#Shiv Sena   #Mumbai   #Dussehra day   #Shivaji Park  

“Political parties should make an earnest endeavour to keep enthusiasm low and ensure residents are not troubled by noise,” observed Bombay high court while allowing the ruling alliance partner Shiv Sena to hold its annual rally on Dussehra day (Oct 22) at Mumbai’s Shivaji Park.

"We are of the view that political parties should take into consideration difficulties faced by residents of the area and make earnest endeavour to keep their enthusiasm at low level and ensure residents are not troubled by excessive noise pollution. Ultimately it can't be forgotten that political parties are there for the benefit of people and citizens of the area and not vice versa,'' said a bench of Justice V M Kanade and Justice Shalini Phansalkar-Joshi.

The court said though political parties and organizations had the right to assemble for religious and cultural events, they had an obligation to adhere to noise pollution norms. “In case of violations, appropriate directions will have to be given and action initiated against persons responsible for violations,” said the bench.

The government pointed out that since 2010, permission had been granted. Advocate general Shrihari Aney said a series of orders had been passed on the issue.

The court had earlier directed that Shivaji Park could not be used for non-sporting activity without court orders except on four days, which included Republic Day, and Independence Day.

Pleas were filed, in a pending public interest litigation by Wecom Trust, by the state government and Sena to hold the rally on October 22. On May 5, 2010, the HC directed Shivaji Park be declared a silence zone. The bench considered "the peculiar facts prevailing in 2014'' while allowing the pleas.

Asked about silence zone, Aney replied, "Noise is a fact of life. Court has to look at the reality.'' He also said if a pragmatic balance is not maintained there would be civil revolt on streets.

Advocate V A Thorat, appearing for Sena, said the rally and immersions at Dadar Chowpatty coincide. "The petitioner says noise from immersion processions is the noise from the rally. It is not possible to segregate both noises," said Thorat. Justice Kanade quipped, "Your (Sena) noise is different.''

Wecom Trust, the original petitioner on whose public interest litigation the court had in May 2010 directed the Park to be declared a silence zone, opposed the government’s and Sena’s plea. Senior advocate Virag Tulzapurkar, for Wecom, said Sena calls it a cultural event and wants to distribute sona (leaves) and wondered why it needs loudspeakers. "Local residents are the worst sufferers,'' he added. He said loudspeakers of any kind cannot be allowed in a silence zone under Noise Pollution Rules 2000 and even supreme court has said no exemption could be granted. On November 23, the court will fix a date for final hearing of the PIL.

BMC counsel Anil Sakhare said the rally should be permitted with conditions to keep noise within limits.

Advocate Uday Warunjikar, who filed an intervention application, appearing for a Maharashtra Navnirman Sena corporator, said the government is coming forward to help because Sena is part of the ruling alliance. “For others, the rule is different,” he said.

Comments

 

Other News

Sowing wheat earlier can help increase yields in India: US researcher

Yield gaps in wheat production in India can be countered with an earlier sowing date, says a University of Michigan researcher.   Using a new way to measure wheat yields, Meha Jain, assistant professor at the U-M School for Environment and Sustainability, found that the wheat yie

Giving birth as a Baiga

Kharpariya village, about 50 km from the headquarters town of Madhya Pradesh’s Mandla district, is like many villages in the region, home to the Baiga, deemed a particularly vulnerable tribal group (PVTG) for whom permanent contraception methods are banned to prevent extinction. However, care for p

Being the prime minister’s brother

Somabhai Modi says he remembers only one occasion when he offered his younger brother prime minister Narendra Modi advice regarding work. This, he says, was when Modi was chief minister of Gujarat. After one of his weekly grievance redressal sessions, the then chief minister had enquired after the well-b

Should ration cards not linked to Aadhaar be rendered ineligible?

Should ration cards not linked to Aadhaar be rendered ineligible?

INS Kiltan commissioned into Indian Navy

 INS Kiltan, the third anti-submarine warfare (ASW) stealth corvette built under project 28 (Kamorta class), was commissioned into the Indian Navy by defence minister Nirmala Sitharaman at the naval dockyard in Visakhapatnam.    The anti-submarine warfare stealth corvet

SAIL`s special grade steel used to build stealth corvette

Maharatna enterprise, Steel Authority of India Ltd. (SAIL) has supplied defence grade micro-alloyed grade of steel (DMR 249A) steel plates for the indigenously built anti-submarine warfare (ASW) stealth corvette INS-Kiltan commissioned into Indian Navy.    SAIL’s integ



Video

Grand Diwali celebrations in Ayodhaya on eve of diwali

Current Issue

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter