Use of loudspeaker not fundamental right: Bombay HC

It further ordered that if a place of religion fell in a Silence Zone, the rules of not allowing use of loudspeakers and other forms of sound producing systems in such a zone should be adhered to by such religious places.

A division bench of Justice A S Oka and Justice A A Sayyed were hearing various public interest litigations and intervention applications pertaining to ensuring adherence to noise pollution rules and preventing of illegal erection of pandals and booths, especially during religious festivals.

On Tuesday, while concluding its order, the court observed that any violation of noise pollution rules would be seen as an infringement of Article 21 (Protection of Life and Personal Liberty) and a person could claim compensation.

In its directions to the state government, the HC asked it to consider carrying out noise mapping in all major cities so that the data so collected could help them in discharging their duties.

The court has been asked to take an appropriate decision in this regard within three months.

The planning authorities have also been asked to consider provisions of noise pollution rules during drafting of the Development Plan.

“The planning authorities shall consider all aspects of noise pollution in terms of quality of life to achieve the objective of ambient air quality and take this into consideration while sanctioning the Development Plan and the regional plan,” stated the court.

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In terms of other aspects of noise pollution such as honking, creation of helipads, and ensuring maintenance of noise levels during construction activity, the court said the relevant notifications or acts of the Union of India and the state government should be taken into consideration and the government should take measures to ensure enforcement of the same.

Before major festivities and cultural events, the state has been asked to carry out adequate publicity for creating grievance mechanism to file complaints. In case a police station receives a complaint, the commissioner of police and the superintendent of police have been asked to initiate immediate action.

Referring to the issue of permitting temporary booths for festivals or cultural events, the court observed that permission could not be granted for the same if it was likely to obstruct traffic or pedestrian movement.

“The permission granted to erect pandal or booth does not enable permission holder to carry out digging on footpaths or roads or of displaying advertisement unless specific permissions are obtained for the same,” observed the Bench.