From loudspeaker ban & pothole-free roads to mangrove protection: As Bombay HC judge, Justice Oka’s rulings shaped civic, environmental rights

At a farewell function in Delhi, Chief Justice of India (CJI) B R Gavai, who has been his colleague for nearly four decades as a lawyer and judge, highlighted Justice Oka’s “distinguished tenure” at Bombay HC, saying his “contribution to environmental jurisprudence and constitutional values…would leave an indelible imprint.”

Noise pollution: Curbs on use of loudspeakers

In August 2016, Justice Oka, while ruling on PILs, directed strict enforcement of noise pollution norms. He noted that “use of loudspeakers (or public address system) is not an essential part of any religion,” and hence not protected under Article 25 of the Constitution that provided the fundamental right to profess, propagate and practice religion.

He added that the same right was not available to pandals erected for religious celebrations and other functions on streets or footpaths, “There is no fundamental right to celebrate religious festivals on streets.” The verdict banned loudspeaker use between 10 pm and 6 am across Maharashtra with certain exceptions and completely restricted horn use in silence zones and during night hours in residential zones.

Though the Maharashtra government made allegations against Justice Oka of bias against state machinery and sought case transfer, it later issued an unconditional apology, which the HC accepted. In January 2024, a Bombay HC bench led by Justice A S Gadkari reiterated Justice Oka’s 2016 observations and directed graded penalties related to noise pollution complaints by citizens.

Action against illegal hoardings, banners

In January 2017, a bench led by Justice Oka passed several directives to pull down illegal hoardings and banners and put a responsibility on civic and police officers for removal of illegal hoardings, banners or sky-signs and to register FIR against offenders.

“There is a competition amongst the political parties when it comes to the size of the sky signs displaying photographs of their prominent leaders…It is high time that the political parties and especially their leaders and workers do not adopt arm twisting tactics and take recourse to pressurising the municipal and police office,” the judgment noted.

Thereafter, HC last year revived the 2017 PIL and has passed several directions to authorities and political parties to pull down illegal banners and hoardings.

Pothole-free roads

In February and April 2018, a Justice Oka-led bench at Bombay HC passed a judgment on a suo motu PIL, directing repair of potholes along all major roads in the city and sought uniform mechanism to redress citizens’ grievances. He observed that citizens had the right to have good roads and footpaths and no city can become a smart city without them being in better condition.

In September 2022, BMC assured another HC bench that it would concretise over 2,000 km of city roads. The court from time to time slammed BMC for its “slackness” in fulfilling these assurances.

Protection of mangroves

In September 2018, Justice Oka-led bench held that “there shall be total freeze on destruction and cutting of mangroves in the entire state of Maharashtra.”

Justice Oka in his verdict on PIL by Bombay Environmental Action Group (BEAG) noted that “the mangroves cannot be destroyed by the state for private, commercial or any other use unless the court finds it necessary for the public good. It said such destruction “offends the fundamental rights of the citizens under Article 21 (Right to life) of the Constitution.”

After the 2018 judgment, any public development or infrastructure project involving cutting of mangroves requires the HC’s approval.

Mahul’s air quality

A month before his elevation as Chief Justice of Karnataka High Court, in April 2019, Justice Oka passed an order on a PIL related to projected-affected persons (PAPs) residing in Mahul surrounded by highly polluting industries. He had observed that “PAPs cannot be forced to take accommodation in polluted areas, where air pollution is life threatening…” He said improper rehabilitation would infringe right of life of the people.

Among other key rulings, in 2016, Justice Oka upheld Maharashtra’s beef slaughter ban but struck down the prohibition on consuming beef from other states, calling it a violation of privacy under Article 21. In 2019, his bench pushed for a new HC building, leading to the Bandra (East) site being finalised last year.