Gongat Virodhi Manch And Ors vs Commissioner And Ors

By filing this the Application - the Applicants, have sought certain directions from this Tribunal. The main prayer of the Applicants is that the directions shall be given to Respondent No.1 -Pune Municipal Corporation (PMC) to declare 'Kamala Nehru Park' as silence zone and not to allow any person or any organization to conduct any programme within precincts of garden premises, using loudspeakers and music system. The Applicants also seek further directions that in the other cities of Maharashtra and within jurisdiction of the National Green Tribunal (Western Zone), the direction may be given to declare silence zone and also to set out norms of sound decibels, which can be permitted within such areas.

According to the Applicants, Kamala Nehru Park is located within midst of Pune city area. It is surrounded by the residential localities, including some hospitals and religious places. There is a 'Datta-Mandir' and 'Datta Idol' in the proximity and inside the park, respectively. Allegedly, some programmes are arranged on certain events like "Ganesh-Chaturthi" "Ganesh-Jayanti", "Datt Jayanti", when 'Bhajan-Kirtan' etc. are organized in the temple or at the places of religious worshiping locations where deities are installed by worshipers. The worshipers and trustees of 'Datta-Mandal Trust' are permitted to use loudspeakers at the time of such events. It is further alleged that the noise caused due to use of loudspeakers is in excess of permissible limits and particularly, because of Kamala Nehru Park being silence zone, permissions to install the loudspeakers ought not to be granted by the concerned Authorities, yet the same are being granted without following illegal norms. The programme of conducting "Holi" was attempted to be organized within Kamala Nehru Park by using D.J. sound system, but due to opposition and objections of some of the residents in the area, it was cancelled and shifted to somewhere else. The Applicants further allege that the 'Datta Temple' and Kamala Nehru Park are sharing a common compound wall and installation of loudspeakers on either side creates excessive noise to the residential locality. On these premises, instant Application is filed by the Applicants, seeking reliefs, particularly, regulations of noise pollution, not only within limits of Pune city, but also in city areas of State of Maharashtra, as well as within all cities, which fall within jurisdiction of NGT (Western Zone).

By filing reply affidavit, the Respondent No.1 contended that no illegal activity is permitted within area of Kamala Nehru Park, which is already declared as 'silence zone'. It is pointed out in the affidavit of Sh. Ashok Ghorpade, Chief Garden Superintendent of PMC that vide resolution dated January 8th, 2008, certain conditions are laid down by PMC to restrict use of Garden premises for any function or events. It is contended that the Application is barred by limitation and is not maintainable due to non-joinder of necessary parties. According to PMC, it has no control over religious activities of 'Datt Mandir' and 'Ganpati Temple' and, therefore, it is not responsible for loudspeakers, if any, by those religious places, which are stated in the Application.

Maharashtra Pollution Control Board (MPCB) has not filed any reply affidavit, nor any reply affidavit is filed by the police authority.

On behalf of 'Gurudeo Datt Mandir Trust' an Intervention Application bearing No.67 of 2015 was filed. It is chief-bone of contention of religious trust that the Application is filed without any substantial cause. It is further contended that the Applicants have not presented correct facts, inasmuch as the religious trust has conducted activities with due permissions from the Police Department for period between 2001 to 2014, for conducting programmes within temple premises. According to the charitable Temple Trust, noise levels are never allowed to create any pollution and moreover, the programmes organized within temple area are of religious nature, which do not offend rights of the Applicants or residents of the vicinity. It is further contended that the temple itself conducts a Homeopathy, Ayurved clinics as a charitable activity, distribute books and school articles to nearby children and does like work for the public at large. Therefore, according to the Intervener, the Application is misconceived and liable to be dismissed.

Similar Intervention Application is filed by a Group called "Mast", which has come forward with its case that the programmes on certain occasions are organized within area of the Park, which are of social and cultural nature. The cultural activities are mainly aimed at entertaining age old people and mostly, are of cultural music, including activity like "Dipawali-Pahat" and identical activities in which only small instruments of music are used with amplifier, which do not amplify sound/voice beyond certain limits. For, audience are restricted to 100 or odd. Needless to say, it is case of 'Mast' Group that their programmes are palatable and are not in breach of any Law under the provisions of Noise pollution.

At the outset, we would like to reproduce main prayers of the Applicants, which are indicated as Prayer Nos. 1 to 6 as follows:

Directions may kindly be issued to the Respondent No.1 to declare Kamala Nehru Park as Silence Zone as it falls under the category of Silence Zone as per Noise Pollution Control Rules.

Directions may kindly be issued to the Respondent No.1 as to not to allow any person or organization to conduct any programme in any of the gardens using loudspeakers and music systems.

Directions may kindly be issued to Respondents to submit detailed report regarding the sources which causes nuisance to the people residing in the vicinity of Kamala Nehru Park.

Directions may kindly be given to Respondents under Section 20 of the NGT Act, 2010, underlining the Polluter Pays Principle and follow the Precautionary Principle.

Directions may kindly be issued in general regarding noise pollution control and following Noise Pollution Control Rules, 2000 which shall be applicable to all.

Order with specific mention may kindly be passed and the judgment given by the Hon'ble NGT (Western Zone) Pune will be applicable to all cities in Maharashtra and to its jurisdiction in various States.

The prayers are reproduced at the cost of repetition, inasmuch as we want to highlight the fact that already there is Government Resolution (G.R) dated 24th April, 2009, which takes care of most of these prayers. By Government Resolution dated 21st April, 2009, issued by the Environment Department, Mantralaya, Mumbai, an Authority headed by Deputy Commissioner at the places of Police Commissionerate particularly, as per Rule 2-C of the Noise Pollution (Regulation and Control) Rules, 2000, and at all other places, the Superintendent of Police, shall constitute an Authority and that in view of the directions of Hon'ble High Court of Bombay, in PIL Nos. 2253 of 2003, PIL No.74 of 2007, PIL No.85 of 2007, PIL No.1 of 2008 and PIL No.1 of 2009, the local self-Government institutes such as the Municipal Councils/Municipal Corporations were delegated powers under Section 3(5) to declare 'Silence Zones' in the city area and to publish such Silence Zones for the purpose of implementation of the Rules. We do not know as to why this Government Resolution dated Government Resolution dated 24th April, 2009, has not been yet implemented by PMC. Obviously, PMC ought to have declared 'Silence Zones' in accordance with directions of the Hon'ble High Court of Bombay in pursuance to the Judgments rendered in the above PILs (WP) and fallout of the Government Resolution dated 24th April, 2009. Needless to say, what is required is proper implementation of the Government Resolution and no more substantial relief is required to be sought and granted in the present Application.

It is argued on behalf of contesting Respondents and Interveners that many new worshiping places, Mosques, Temples and like religious places, other prescribed institutions like hospitals, educational institutes etc. are mushrooming in new localities and, therefore, preparing plan for 'Silence Zones' will become difficult task and will hamper day today urban city life. It would be policy decision of PMC and other Municipal Councils/Corporations. They may take policy decision in keeping with directions of the Hon'ble High Court and provisions of the Noise Rules. The only important thing is in respect of alleged permissions, which are being granted to conduct certain programmes within area of Kamala Nehru Park, Pune. PMC must ensure that such programmes shall not be permitted, if the programmes are not in consonance with the Noise Pollution (Regulation and Control) Rules, 2000. So also, PMC shall immediately take steps to declare the area in the proximity of Kamala Nehru Park and distance from Kamala Nehru Park as 'Silence Zone', and such declaration shall be made within period of four (4) weeks, as per the Government Resolution dated 24th April, 2009, by following due procedure.

Nobody will deny that excessive sound decibels causes air pollution, which may be unpalatable to any civilized society. Naturally, the programmes on larger scale like that of celebration of Birth Days of high profile political leaders, orchestras, functions like Holi, are detrimental to the Park, inasmuch as greenery and plantation is likely to be obviously affected due to hustle and bustle of the crowd. It is common knowledge that during celebration of Holi, colour are used and though organizers may appeal to others to use only colours which are eco-friendly, yet others who may not be notified and invited by the organizers, are likely to participate and use the colours which are detrimental to the plants in the Garden. Considering the 'Precautionary Principle' underlying Section 20 of the NGT Act, 2010, we are of the opinion that such activities which are likely to cause damage to environment, as stated before, and likewise, others which may be pointed out by the Applicant or any other social-activists and are found to be causing environmental pollution in keeping with parameters of the Environment (Protection) Act, 1986, shall not be permitted by PMC. In other words, congregation of a large public members, which is likely to trample the plantation/small grass around the plants, be not permitted within premises of the Garden while granting permission to the organizers of the programme by PMC.

Coming to provisions of Rule-3 of the Noise Pollution (Regulation & Control) Rules, 2000, it is explicit that an ambient air quality standards in respect of noise for different areas/zones are required to be specified by the State Government. This is necessary in order to ensure abatement of noise pollution, including noise monitoring from vehicular movements, blowing of horns, pollution of sound emanating from firecrackers, use of loudspeakers or public address system and sound producing instruments. Rule-5 of the Noise Pollution (Regulation and Control) Rules, 2000, provides for restrictions only on use of loudspeakers at public address system, except after obtaining written permission from the competent authority. The enforcement mechanism is provided under Rule-4. We need not elaborate the Rules in this context.

Suffice it to say that PMC and other Municipal Corporations/Councils in the State of Maharashtra, are required to follow the Government Resolution dated 24 th April, 2009, and dictum of the Hon'be High Court of Bombay as referred to above. Directions of the Hon'ble High Court shall not remain on paper and if there is breach of such directions, the Applicants are at liberty to file Contempt Application in the Hon'ble High Court.

It is not necessary for us to examine what kind of noise is emanated from the source at 'Datta Mandir' or other places. Learned Advocate Sh. Asim Sarode, has taken efforts and made sincere attempt to invite our attention to the relevant dictums rendered by some of the High Courts and the Apex Court. In Writ Petition (Civil) No.72 of 1998, In Re: Noise Pollution Restricting use of Loudspeakers, the Apex Court gave certain directions and held: "the right to speech implies right to silence. There cannot be duality of opinion that Article 21 of the Constitution provides right to live and right to live gives right to live with dignity". It also includes right to live in peace, which is normally expected by a person living in civilized society. Mr. Asim Sarode, learned Advocate also invited our attention to certain observations in M. Veerateswaran Vs The Deputy Collector cum Sub-Divisional Executive Magistrate & Ors a Judgment of Madras High Court in Writ Petition No.46138 of 2002, wherein it is held: "no religion prescribes that prayers should be performed by disturbing peace of others nor does it preaches that there should be voice amplifiers or beating of drums ". we do not wish to refer to religious tenets, particularly, related to use of equipments which create noise during course of prayers at the time of worshiping, nor we want to put any embargo through directions in the context of present Application, particularly, having regard to the prayers made in the Application, inasmuch as religious tenets of each religion are different, but it is certain that sound decibels, whatever religion it may be, must not exceed permissible limits and there shall be no infraction of the Noise Pollution (Regulation and Control) Rules, 2000 by any kind of such activity. No religious tenet permits infarction of any hearing faculty due to use of noise creating equipments/instruments, which create excessive sound that will be intolerable and would be unpalatable to ordinary citizen, old persons, children, patients suffering in the hospitals, which are already victims of wrath of calamities or diseases.

Under the circumstances, we allow the Application and direct PMC and other Municipal Councils/Corporations in the State of Maharashtra to declare 'Silence Zones' by evolving policies in keeping with directions of the Hon'ble High Court, as per Judgments aforesaid mentioned, if not finalized earlier. We also direct that the State Government shall issue necessary Notification to fix the norms for declaration of such silence zones. Declaration of 'Silence Zones', of course, shall not be deemed as like no honking zones, which are altogether different and are declared by the Authorities under provisions of the Bombay Police Act, 1957, or under provisions of the Municipal enactments, whose distinguishing features as well as archeological importance, areas of Gardens, necessity in the context of declaration of 'Silence Zones' due to proximity of hospitals, which are dealing with particular kind of treatment etc. shall be considered by PMC. For example; a Centre for naturo-therapy treatment or mere massaging activity may not be treated as a hospital or healthcare establishment for such purpose and certain parameters will have to be defined. The District Magistrates or the competent authority while issuing permission for use of loudspeakers shall consider representation of social organizers. We hope and wish that PMC will take care of the issue in proper stride and context. With these observations the Application is disposed of. No costs.

The Application and Misc. Applications are disposed of. No costs.