Aug 28 2017 : The Times of India (Mumbai)
 
`Govt's plea could have set precedent of forum shopping'
Mumbai
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Loud Criticism Of State Spurs CJ To Set Up Full Bench
Three days after Justice Abhay Oka was withdrawn from hearing a noise pollution case following the state government's allegation that he was “harbouring serious bias“ against it, the senior Bombay high court judge has been brought back to hear the key matter. Chief Justice Manjula Chellur has set up a full bench to be headed by Justice Oka.
“I spoke to the CJ who said alarger bench of Justices Oka, A V Mohta and Riyaz Chagla has been constituted to hear all the noise pollution matters,“ senior advocate Rajiv Chavan, president of Advocates Association of Western India (AAWI), told TOI. HC registrar-general Pushpa Ganediwala confirmed the move.
It is clear the U-turn was a result of the collective uproar by lawyers and citizens who also took to social media to condemn the state government's “unprecedented“ action.
Activist-advocate Raju Moray , who had represented one of the first noise pollution cases, said, “A full bench is usually constituted when there is a divergence in the views of two coordinate benches. The state did not move an application for referring to a larger bench but it moved for transfer of the cases from Justice Oka. The full bench appears to be an afterthought as a result of the outrage on social media and perhaps given that the bar associations were also going to meet.“ A larger bench headed by Justice Abhay Oka has been set up (by the Bombay HC chief justice) probably on being satisfied that a larger question of law is involved in the challenge to the Centre's recent amendment to the Noise Pollution Rules, former Bombay HC Justice B H Marlapalle said.
“Am happy at the solidarity shown by the bar and bench with Justice Oka and against the unfounded allegations which could have set a precedent for browbeating the court and for forum shopping,“ he added.
Rajiv Patil, senior advocate and former chief of the Advocates Association of Western India (AAWI), said, “The constitution of a three-judge bench now doesn't take away the serious allegations of bias made by the state against a judge for a transfer to another bench. Unless withdrawn, it will still be a cause for concern as it could open floodgates of private litigants making similar pleas because the state, which is meant to protect the interest of the entire society while respecting the judiciary , did it.“
In a notice sent to its members, the AAWI has claimed credit for the CJ setting up a full bench. AAWI is one of the two bar associations in the HC that had called for extraordinary general body meetings on Monday . Sources told TOI there was lobbying to ensure that no adverse resolutions are passed by these associations over last week's incident.
On August 24, the state accused Justice Oka of “serious bias“ and moved the CJ seeking transfer of the noise pollution matter and all connected cases to another bench. Then, Justice Oka was heading the division bench, with Justice Riyaz Chagla, that was cracking down on the state for trying to dilute noise pollution norms.Chief Justice Chellur promptly withdrew the case from him and passed an administrative order to place it before a bench of Justices Anoop Mohta and Girish Kulkarni.
AAWI's managing committee on Saturday passed a resolution condemning the government and urging the CJ to take “action leading to defibrillate the honour of Justice Oka“. On Sunday , it sent out a notice to its members say that pursuant to AAWI's stand, the CJ has constituted a larger bench.

 

 

 

 
 

 

​Sound equipment vendors in Mumbai claim business hit by loudspeaker norms
Last year, the Bombay High Court directed mandals to abide by the Noise Pollution (Regulation and Control) Rules, 2000, and guidelines issued by the Supreme Court in this regard.
Written by Neha Kulkarni | Mumbai | Updated: August 28, 2017 6:29 am
AHEAD OF THE fifth day of Ganesh immersion in the city, sound vendors expressed fear over being slapped with fines and punished for playing loud music. The vendors claim they are finding it difficult supplying sound equipment to the mandals with police keeping a strict watch over the decibel limit.
Last year, the Bombay High Court directed mandals to abide by the Noise Pollution (Regulation and Control) Rules, 2000, and guidelines issued by the Supreme Court in this regard. It had been said that sound limit was to be kept below 60 decibels (dB) in residential areas and loudspeakers could be used with due permission in silence zones.
“Although the state government does not recognise the presence of silence zones in Mumbai as they told the HC, all mandals are mandated to follow the decibel levels when using loudspeakers or sound amplifiers for processions. In the past few days, the noise limits have been exceeded,” said anti-noise pollution activist Sumaira Abdulali from Awaaz Foundation, an NGO said.
The rules stated that non-compliance could attract imprisonment for up to five years and a fine, which might extend to Rs 1 lakh, to the mandals and sound equipment providers. As a result, many vendors are apprehensive to part with their equipment and are thus losing business, they claim.
“We had observed a Mute Day during Dahi Handi festival to oppose the decibel limit. Although we just provide equipment, the mandals end up playing those louder than the prescribed sound limit. But our sound equipment get confiscated in the process and we are saddled with fines, sometimes around a lakh,” Manuel Dias from Professional Audio and Lighting Association (PALA) said.
Three festivals, Ganeshotsav, Dahi Handi and Navratri, bring most of the business to the sound vendors. Dias claims that around 80 per cent of the vendors lost out on business during the Dahi Handi festival this time. He added that when it comes to “traditional sound equipment” all pleas of violations fall on deaf ears. “They believe that having a DJ and loudspeakers raise the volume to above 75 dB in the city. But we have seen that the sound of dhols and tashas, which are very much is use in residential areas, exceed 100 dB,” he said.

Noisier festivities on second day, says Awaaz Foundation
“All readings were taken in the extended time period of 10 pm to 12 am in residential areas having educational institutions, hospitals, religious places and courts,” said Sumaira Abdulali, founder of Awaaz foundation and an anti-noise pollution activist.
 
By: Express News Service | Mumbai | Updated: August 28, 2017 6:30 am
 
The city experienced higher noise levels on the second day of Ganesh Chaturthi on Saturday compared to the tenth day of the festivities last year, according to findings of NGO Awaaz Foundation. The highest level on Saturday was at 116.8 dB and the highest level on the 10th and final day of the festival last year was 114 dB.
“All readings were taken in the extended time period of 10 pm to 12 am in residential areas having educational institutions, hospitals, religious places and courts,” said Sumaira Abdulali, founder of Awaaz foundation and an anti-noise pollution activist.
“The noise levels have marginally exceeded this year owing to the state government’s understanding of the Centre’s notification that there are no silence zones in the city,” Abdulali added. The noise levels ranged between 85 dB, which was recorded near the Mahim Bus depot, caused by drums and loudspeakers, and 116.8 dB, recorded opposite the Shiv Sena Bhavan, caused by drums, metal plates and cylinders.
According to the report at the Bombay International and Girgaon, drums, loudspeakers, DJ and metal plates were
found creating noise measuring 98 dB and 101 dB post 11.30 pm in the presence of police.
“The highest level was recorded with the use of drums and metal cylinders/plates being beaten with a hammer after 10 pm. Processions in several parts of the city had DJs, drums, metal plates and banjos in the presence of police,” added Abdulali.
Abdulali had earlier said the city will be experiencing higher noise levels this year after the state government, following a notification by the Union Ministry of Environment, Forests and Climate Change on August 10, did away with all silence zones.