Noise rules: Contempt notices to all officials for non-compliance

The Bombay High Court on Tuesday pulled up the Maharashtra government for its failure to implement the Noise Pollution Rules, (2000) and also with the court’s orders pertaining to illegal pandals. The HC also issued contempt notices to several authorities including the Police Commissioners of Thane and Pune. The HC has also slapped contempt notices on the Municipal Commissioners of Ulhasnagar and Pune civic bodies.

The notices were issued by a division bench presided over by Justice Abhay Oka and Justice Anuja Prabhudesai. The bench was hearing a bench of Public Interest Litigations (PILs) seeking effective implementation of Noise Pollution Rules.

It may be recalled that the bench headed by Justice Oka had passed a detailed judgment in August last year. The bench had issued several directions to the authorities to ensure noise levels are maintained and no illegal pandal is erected across Maharashtra.

On Tuesday, the matter was kept for compliance wherein the government furnished a chart spelling out the action taken by authorities against noise rules violators. The chart stated that since August last year, the police authorities have received a total of 2,218 complaints against noise pollution. The chart also showed that out of the total complaints, only 101 were found as ‘genuine’ while in the remaining 2,035 the police could not find any offence.

After perusing the chart, the bench slammed the government for its ‘inaction’. Justice Oka said, “The chart is unsatisfactory and is disturbing at the same time. The chart shows that the police used noise meters only in respect of 1,321 complaints. We fail to understand as to why equipments were not used in all the cases despite availability of the noise meters.”

“The government had challenged this court’s judgment in the Supreme Court and it dismissed the same in February last year. The government was using this as an excuse till now. We hope that the government now takes steps to implement with this court’s orders and the existing rules,” Justice Oka added.

“We are sorry to observe that there has been no compliance by the government till date but we are of the view that it should be given at least one more opportunity to comply with our orders,” Justice Oka said.

The matter has now been posted for further hearing on April 7.