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This is an archive article published on September 12, 2024

Supreme Court stays NGT order limiting number of participants in ‘dhol-tasha-zanj’ troupes during Ganpati immersion processions in Pune

A three-judge bench presided by Chief Justice of India D Y Chandrachud passed the interim order while issuing notice on an appeal filed against the NGT direction

Dhol tasha Pune Ganpati Supreme CourtAfter dictating the order, the CJI orally remarked, “Let them do their dhol-tasha-zanj. It’s the heart of Pune, no? If you suddenly….” (File)

The Supreme Court on Thursday stayed the August 30, 2024, direction of the Western Zone bench of the National Green Tribunal (NGT) limiting the number of members in each dhol-tasha-zanj troupe to a maximum of 30 persons during the Ganpati immersion procession in Pune.

A three-judge bench presided by Chief Justice of India D Y Chandrachud passed the interim order while issuing notice on an appeal filed against the NGT direction.

“Issue notice. Till the next day of listing, there shall be a stay of operative direction 4 in the impugned order…” the bench also comprising Justices J B Pardiwala and Manoj Misra ordered.

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After dictating the order, the CJI orally remarked, “Let them do their dhol-tasha-zanj. It’s the heart of Pune, no? If you suddenly….”

The appellants had brought the matter to the notice of the bench Thursday morning and sought an urgent hearing saying the immersion is scheduled to take place on September 17.

Accordingly, the bench took it up Thursday afternoon when Advocate Amit Pai, representing the appellants, sought to explain the festival’s cultural significance for Pune. He said the direction would seriously affect the troupes that engage in dhol-tasha-zanj work during the Ganpati festival.

The Tribunal had also directed the Maharashtra Pollution Control Board (MPCB) to carry out real-time noise monitoring at a minimum of three locations in/near each Ganpati pandal, and at major traffic junctions in consultation with the police, and install an appropriately sized digital display system to reflect real-time noise pollution levels. It asked the police department to decide in consultation with the MPCB the total capacity of loudspeakers allowed in the case of each Ganesh mandal based on location, considering their proximity to school/hospital/residential complexes.

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The NGT asked the police to notify that the use of toll (metallic high noise-making unit) and DJ in immersion processions is prohibited.

In the case of violation, the police shall proceed in accordance with the law against the defaulters, the NGT said.

It asked the MPCB to publish the names of the violators of Noise Rules, 2000, within seven days of the immersion in two local newspapers and to also upload details of such cases on its website to ensure that such information is accessible to public use for 90 days.

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