Shiv Sena gets permission to hold Dussehra rally at Shivaji Park

While the Division Bench of Chief Justice Mohit Shah and Justice Roshan Dalvi cleared the way for the rally,it asked the party to adhere to noise pollution regulations. This means the noise levels cannot exceed 50 decibels. The judges have also directed that the ground should be restored to its original condition within 24 hours of the event.

Shivaji Park,located in central Mumbai,was declared a silence zone in response to a public interest litigation by NGO Wecom Trust. However,the Brihanmumbai Municipal Corporation (BMC) has made a provision to relax noise regulations for selected days in a year.

The petition seeking permission for the rally was filed by former Shiv Sena MLC Anil Parab.

Arguing for the Shiv Sena on Tuesday,lawyer V A Thorat said,“Last year,the party had put up sound barriers around the park. Though the noise levels were high within the park,they were not as high outside.” The lawyer for the Sena also pointed out that noise levels at Ganesh pandals and other processions also go up to 80-90 decibels.

“Those who attend the function do so voluntarily,knowing that a particular level of sound will be reached,” Thorat argued. He also contended the civic body has taken “a specific stand” that Shivaji Park is a recreation ground and therefore such restrictions can be relaxed.

However,lawyer for Wecom Trust V Tulzapurkar countered the Sena’s arguments and said,“The silence zones are not in any way linked to whether the park is a recreational ground or a playground. If there are hospitals or schools in the vicinity,it will cause disturbance.” He also recalled that last year,the police had registered a case against the party in this regard.

Referring to the permission recently granted to stage Ramlila at the park,Tulzapurkar said,“It is incorrect to draw parallels with permission given for Ramlila. This is not a cultural function,it is political in nature.”

However,appearing for the BMC,P C Singhvi said the rally is a cultural function and permission ought to be given for it.