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

Government divests 12% stakes in RITES; IPO opens on June 20

The railway infrastructure consulting PSU, RITES Limited is coming up with its IPO on June 20, 2018, as the government of India is selling its 24 million equity shares (12%) stake in the Mini Ratna PSU. As an initial public offering 25,200,000 equity shares are offered in which employee reservation portion

“This initiative is for future generations”

Speaking to Governance Now, Gujarat chief minister Vijay Rupani elaborates on the Sujalam Sufalam scheme to rejuvenate talavdis and desilt reservoirs and lakes. He also speaks on water, politics, and cons

Water by the pondful

It’s 10 am and in Dhandhuka town of Ahmedabad district, the sun is already scorching. A dry lake, which was desilted and deepened a few weeks back, has been turned into a venue for a fete. Shamianas have been erected, women in bright sarees and men and children in their best clothes flock the venue,

Thugs of Hindustan

This story may sound apocryphal but it was recounted by LK Advani in one of his casual conversations. Talking about Morarji Desai, he said that despite his idiosyncrasies, he was a man of impeccable integrity. To buttress his point Advani recalled this incident: After the Janata Party formed the government

IRCTC listing still lingering despite clearance in 2017

Ministry of railways’ decision of holding the listing of Indian Railway Catering and Tourism Corporation (IRCTC) has exposed its seriousness in listing its public enterprises in stock exchanges. Although the decision was taken one year back, the national transporter does not have a com

Delhi crisis shows failure of governance, says ex Delhi chief secy

The tussle between the Aam Aadmi Party (AAP) and lieutenant governor of Delhi Anil Baijal has entered into its fourth day on Thursday. With no immediate solution to the ongoing ego-tussle, citizens are the mute sufferers.  Umesh Sehgal, former chief secretary of Delhi, feels that instead of

Current Issue

Current Issue

Video

CM Nitish’s convoy attacked in Buxar

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter