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Mum HC directs authorities to restrict use of loud speakers
Mumbai, Sept 08: Mumbai High Court has directed the Centre, Maharashtra government and police to disallow use of loud speakers in the city if these do not conform to noise levels laid down in a recent government notification or flout conditions for maximum permissible decibel levels prescribed in noise rules, 2000.
Mumbai, Sept 08: Mumbai High Court has directed the Centre, Maharashtra government and police to disallow use of loud speakers in the city if these do not conform to noise
levels laid down in a recent government notification or flout conditions for maximum permissible decibel levels prescribed in noise rules, 2000.
Chief Justice C K Thakker, in his August 27 order on a
petition filed by Bombay Environmental Action Group and
others, directed the respondents to ensure due compliance of
decibel levels as prescribed in the notification of April 7
permitting use of loud speakers and public address systems in
unenclosed places during relaxation period between 10 pm and
midnight on 15 designated days in a year.
The notification prescribed that noise level in a residential zone during 10 pm and 6 am would be restricted to 45 db and during the rest of the time 55 db. In a silence zone (within 100 metres of any court, hospital, educational institution or place of worship) the noise level would be restricted to 40 db between 10 pm and 6 am and 50 db in the remaining time.
The respondents contended the petition was not maintainable as it was instituted merely on the basis of apprehension.
It was submitted that in case a statutory duty was cast upon the respondents and if they failed to take action then a writ of mandamus could be sought. In this case, no such situation had arisen. The petition was, therefore, premature and deserved to be dismissed, they argued.
Bureau Report
The notification prescribed that noise level in a residential zone during 10 pm and 6 am would be restricted to 45 db and during the rest of the time 55 db. In a silence zone (within 100 metres of any court, hospital, educational institution or place of worship) the noise level would be restricted to 40 db between 10 pm and 6 am and 50 db in the remaining time.
The respondents contended the petition was not maintainable as it was instituted merely on the basis of apprehension.
It was submitted that in case a statutory duty was cast upon the respondents and if they failed to take action then a writ of mandamus could be sought. In this case, no such situation had arisen. The petition was, therefore, premature and deserved to be dismissed, they argued.
Bureau Report