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

Trump’s China setback pushes US to woo India

A week after Donald Trump’s visit to China – the first by an American president in nine years, US secretary of state Marco Rubio arrived in India on May 23 on a four-day visit aimed at resetting Washington DC’s relations with New Delhi and attending the third Quad ministerial meeting.

EU–India FTA 2026: A high‑stakes prescription for Indian pharma and healthcare

India’s pharmaceutical industry stands as one of the world’s market leaders of generic pharmacy with market valuation of USD 50 billion in 2026. Characterised by high volume, low-cost generic manufacturing, with an annual growth rate of 10-12% primarily propelled by exports and domestic demand,

Legends, vignettes and tales from the freedom movement

Robin Hood of Kathiawar and Other Extraordinary Stories from India’s Freedom Movement By The Paperclip  HarperCollins, 348 pages, Rs 499  

Solicitor General Tushar Mehta tells quirky tales from the world of law

The Lawful and the Awful: Quirky Tales from the World of Law By Tushar Mehta Rupa Publications, 336 pages, Rs 995  

Cabinet meet discussed `Ease of Living`, `Ease of Doing Business`

The Council of Ministers has deliberated upon valuable perspectives and best practices relating to boosting ‘Ease of Living’ and ‘Ease of Doing Business’, prime minister Narendra Modi said on Friday.   As he shared details of the Council meeting held the d

India should deepen energy partnerships with Africa

The vulnerability of Strait of Hormuz continues to influence energy politics globally. India is highly dependent on imported crude oil as a significant portion of its oil imports still come from the Gulf ultimately making such disruptions particularly consequential and has immediate economic ramifications


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter