The Bombay High Court refused to lift the ban imposed by the Maharashtra government on the use of hi-tech sound amplifying systems like DJ and Dolby sound loudspeakers. The state government's order is also applicable for the upcoming Navratri festival
Come tomorrow and Mumbaikars will bid adieu to Lord Ganesha – the favourite deity of the city after the 11-day long Ganesh festival which is being celebrated with pomp and gaiety.
However, this year the Ganesh mandals will have to use the traditional 'Dhol Taasha' (drum beats) during the immersion procession tomorrow after the Bombay High Court on Friday refused to lift the ban imposed by the Maharashtra Government on the use of hi-tech sound amplifying systems like DJ and Dolby sound loudspeakers.
Mumbai Police spokesperson, Deputy Commissioner of Police, Manjunath Singe said, “As per a Bombay High Court order and guidelines, the pandals have been communicated that it's usage is disallowed. The police stations too have been issued written instructions and have been asked to take against whoever is found in violation. This year various police stations across Mumbai have registered 103 different offenses against the pandals for violations (sounds, traffic etc).”
The order shall also be applicable during the upcoming Navratri festival.
This comes as the division of Justice Shantanu Kemkar and Justice Sarang Kotwal rejected a plea filed by the Professional Audio and Lighting Association (PALA) which had challenged the state government's ban on the hi-fi sound systems used during festivals.
The High Court, in its 18-page order stated, “There is no mention in the entire petition as to what is the output level of the sound systems that the petitioners want to use. We find no averment in the entire petition that the sound produced by such systems is within the permissible limits provided under the schedule to the noise pollution rules.”
It will be recalled that in its earlier hearing, the bench has taken note of the submissions made by the state government wherein Advocate General (AG), Ashutosh Kumbhakoni, had stated that DJ and Dolby audio systems are a major source of noise pollution.
During the hearing the bench observed, “We are not willing to accept the arguments that the ambient noise levels in many cities have exceeded permissible limit therefore DJ systems should be permitted which cause only a marginal increase in the ambient permissible limits. When laws are in place and rules are framed, they must be strictly followed. In this view of the matter, it is not possible to grant blanket protection to the petitioners permitting them to use DJ sound systems without there being any specifications before us.
In our view, grant of such interim relief at this stage would amount to allowing the petition finally. Just because some other persons violate rules by creating noise pollution, the petitioners cannot contend that they may also be permitted to violate the rules," the order stated.