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Further, the tribunal in February this year had given directions to the state to locate the silence zones.
The National Green Tribunal (NGT) has come down heavily on the state home department for failing to mark silence zones in the city despite court orders. The tribunal recently ordered the principal secretary of the home department to be present at the next hearing with an explanation for non-compliance of orders, failing which legal action will be taken against him.
The tribunal cited the BMC affidavit that stated no notification declaring any particular area as silence zone, with regard to the silence zones which are already described in proximity of schools and hospitals, has been issued.
Further, the tribunal in February this year had given directions to the state to locate the silence zones. The authorities were also asked to inform the tribunal whether sound amplifiers, which are not allowed without prior police approval, are being used for conducting programmes.
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“We are sorry to note that there is no compliance reported by the concerned authorities. Authorities have not taken serious affirmative action so far and therefore, it will be necessary to secure the presence of issue Bailable Warrant against Principal Secretary(Home). We direct Principal Secretary(Home) to personally remain present in the Tribunal and show cause is on, why there is no compliance of the directions issued by the Tribunal. We also make it clear that in case of his failure to attend on the scheduled date, we will be constrained to initiate further legal and penal action as permissible under NGT Act, 2010,” the
order read.
If an area is declared as silence-zone, there is a ban on loudspeakers, horns, musical instruments and the bursting of fire crackers in silence zones.
The tribunal, comprising Justice V R Kingaonkar and expert member Ajay Deshpande, observed that a complete ban on production and sale of high decibel amplifiers could be a possible solution for the city.
“Nobody will deny that number of sound amplifiers are being used in various functions in Mumbai as well as the suburban areas, which create harmful noise levels beyond the prescribed limits of decibels. The only solution, probably, will be to completely ban the production and sell of the such high sound level emitting amplifiers and make it compulsory to ensure that such sale would become penal liability under the provisions of the Environment (Protection) Act, 1986 and NGT Act, 2010,” the order stated.
The tribunal passed the order while hearing an by Right To Information (RTI) activist Mohammed Ishtiaque Bagban. Since 2011, the Crawford Market resident used to call the police control room whenever noise norms were violated. He then made several RTI petitions regarding the permissions given to organisers of festivals and events.
“The silence zones are identified and boards are put up at one place in front of hospital or an educational institute. But the entire stretch or area is not demarcated, so one knows the exact boundary. There is very little awareness especially among police in this matter, and the police only enforces the time limit due to which noise complaints even in silence zones have little effect,” said activist Sumaira Abdulali of NGO Awaaz. The next date of hearing is August 26.
anjali.lukose@expressindia.co m
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