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A Public Interest Litigation (PIL) has been filed in the Bombay High Court which highlights the 'friction' between religious mandals and civil groups over the noise pollution caused by DJs, loudspeakers, dhol, etc. during the ongoing Ganesh Chaturthi festival, particularly in Pune district and seeks strict compliance with a 2016 judgment of the Court by which the State was mandatorily ordered to ensure no noise pollution is caused during religious festivals. 

A division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna has agreed to hear the PIL filed by Akshay Bikkad on October 5. 

This comes after senior advocate Anil Sakhare mentioned the PIL before the bench on Friday (September 18) morning seeking an urgent hearing of the matter, while pointing out that the judgment penned by (now retired) Justice Abhay Oka in Mahesh Vijay Bedekar vs State of Maharashtra in 2016 with regards to monitoring noise pollution, particularly during festivals, is not being properly implemented even after a decade now. 

"There have been some issues in Pune due to noise pollution during the ongoing festival... one man is assaulted in Pune for objecting to noise pollution... the festival is not yet finished and some more festivals like Navratri are nearing... Thus this court must hear this PIL," Sakhare submitted. 

The bench however, said it will take up the matter for hearing on October 5. 

The 2016 judgment concerned prevention, control, monitoring and abatement of noise pollution across Maharashtra. The petition states that post the judgment, which recorded the State's failure to curb noise pollution, the machinery was created but implementation of the judgment remained deficient. 

The plea contends that the bench comprising of Justice Oka and Justice Amjad Sayed (then), had in its order clearly recorded the 'failure' of the State Government in performing its duty concerning the implementation of the Noise Pollution Rules. It points out that the bench had clearly held that upon receipt of a complaint of noise pollution, the authority is under obligation to act in accordance with law and also maintain anonymity about the complainant. 

"The petitioner's grievance is that despite the categorical pronouncements, the implementation of the statuary regime continues to suffer from serious deficiencies. The deficiencies such as absence of effective and continuous monitoring of ambient noise levels in residential, commercial, industrial and silence zones, inadequate availability or deployment of calibrated sound-level meters and other requisite monitoring equipments etc continue to require urgent judicial intervention. Despite the passage of several years from the August 2016 Judgment, the directions issued therein have not been implemented uniformly and effectively," the petition states. 

Further the plea highlights the incident wherein activist Vidyanand Bapat was assaulted for raising voice against high decibel DJ sound systems ahead of the Ganesh Chaturthi festival, on September 3. 

"Recently, one of the persons who have been actively raising this issue was also assaulted in public and thus the petitioners are compelled to approach this court. Civil groups in and around Pune are taking up the issue of flagrant violation of noise pollution norms and have been demanding a ban on loudspeakers, laser lights and plasma sound systems thereby leading to friction with mandals and other religious bodies. The difference and issues if not resolved are likely to lead to law and order situation during the festive season," the PIL contends.

Case Title: Akshay Gautamrao Bikkad vs State of Maharashtra

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