Bombay High Court on Tuesday maintained its stance on permission given to Navyuvak Mitra Mandal,Mulund,to organise a Navratri function in a silence zone,even as an NGO informed the court that the group had violated noise regulations.
The court reiterated its earlier observations about the need to strike a balance between enforcement of rules and rights of citizens. How will people celebrate festivals if permissions are denied by authorities without trying to find a balance? the judges said. The court,however,clarified that it was granting permission as the organisation has been hosting the function for the past 15 years.
A Division Bench of Chief Justice Mohit Shah and Justice Nitin Jamdar also asked Navyuvak Mitra Mandal to obtain a no-objection certificate from the nearby Saidham Hospital. The judges asked them to obtain permission for continuing the function beyond 10 pm. The court had first given the mandal permission to hold the function on Saturday.
The mandal told the court that it was not able to set up sound barriers and distributive sound systems as the order had come on Saturday.
The court said from next year,the organisation should hold the function at an open ground. The state government and BMC have been asked to decide on permissions in silence zones at least 30 days before the date of the event. The judges said organisations should approach the authorities at least 45 days before the event.
Chief Justice Shah said,Legal battles are not the only solution when peoples emotions are involved. Some via media needs to be worked out.