Noise norms: Dispensary defined as hospital, coaching class as educational institution, says state
Advocate general Ashutosh Kumbhakoni indirectly made it clear that the state will not declare any area as silence zone merely because it falls within 100 meters of an educational institution
MUMBAI Updated: Aug 23, 2017 09:45 IST

Kanchan Chaudhari
Hindustan Times

The advocate general also said that this is a transitory phase, and they are in the process of notifying silence zones, adding that the state intends to use its discretion and protect the silence zones where they are really required.(File)           
           
The Maharashtra government on Tuesday told the Bombay high court that it wants to exercise discretion in notifying silence zones across the state, and that it will earmark silence zones wherever they are “really required.” 
Clarifying the state’s stand on the recent amendment to the Noise Pollution (Regulation and Control) Rules, 2000, advocate general Ashutosh Kumbhakoni indirectly made it clear that the state will not declare any area as silence zone merely because it falls within 100 meters of an educational institution, hospital, religious shrine or court. 
Kumbhakoni said the terms ‘educational institution’ and ‘hospital’ are defined in the widest possible manner under the Noise Pollution Rules, and even a small private coaching class will be covered under the term ‘educational institution’, and almost every dispensary or clinic will fall within the ambit of the term ‘hospital’. 
“The combined effect of these widest definitions and the (August 2016) judgment of this Court was that there was not an inch of land in Mumbai which was not falling within a silence zone,” said the advocate general. He was referring to the August 2016 judgement of the high court holding that all the areas falling within 100 meters of an educational institution, hospital, religious shrine or a court are deemed to be silence zones, and no specific declaration of silence zones was required. 
 
                        He said the August 10, 2017 amendment to the Noise Pollution Rules was aimed at “ironing out the creases” created by the combined effect of these wide definitions and the judgment. The amendment now requires the state government to specifically notify every silence zone, and clarified that no silence zone shall come into force unless so notified by the state government. 
 
 
When the bench of justice Abhay Oka and justice Riyaz Chagla asked about the effect of this amendment on existing silence zones, Kumbhakoni confirmed that all 1,537 silence zones in Mumbai no longer exist. “Former silence zones do not hold good,” he said, adding, “But we will consider those as guiding factors.” 
The advocate general also said that this is a transitory phase, and they are in the process of notifying silence zones, adding that the state intends to use its discretion and protect the silence zones where they are really required. 
When the judges sought to know why “the state is getting so agitated because somebody is not allowed to use a loudspeaker,” Kumbhakoni reiterated that it was not for any other reason but to “iron out the creases” and “make the high court judgment of August 2016 workable.” 
The advocate general also clarified that the amendment to the Noise Pollution Rules, 2000 does not imply that permission to use loudspeakers will be granted in each case . It also does not mean that the applicants will get permission for use of loudspeakers in silence zones as a matter of right. 
He was responding to two public interest litigations separately filed by Sumaira Abdulali’s Aawaz Foundation and Thane based activist, Dr. Mahesh Bedekar, complaining about lack of compliance of rules and regulations in organising festivals like Ganeshotsav, Navratri and Dahi Handi in Thane, and a lack of action on part of the authorities even if complaints are made about the violations.

​Activists and residents warn of noisier festival
“With no silence zones, it will be a lot easier to get permissions for mandals around hospitals and educational institutes. There is only a week left for the festival and it is unlikely that the zones will be identified during this time,” said anti-noise pollution activist, Sumaira Abdulali.
 
By: Express News Service | Mumbai | Published:August 18, 2017 2:13 am
 
A day after the state informed the Bombay High Court of an amendment to the Noise Pollution Rules 2000, denotifying all the silence zones in the city, anti-noise pollution activist Sumaira Abdulali warned of a noisier Ganesh Chaturthi this year. “With no silence zones, it will be a lot easier to get permissions for mandals around hospitals and educational institutes. There is only a week left for the festival and it is unlikely that the zones will be identified during this time,” she said.
Recording noise pollution during Ganeshotsav from 2013, Awaaz Foundation has found that the sound level had dipped each year from 2013 to 2015. Noise pollution in 2016 was, however, higher than 2015.
According to a notification by the Union Ministry of Environment, Forests and Climate Change on August 10, the decision to declare an area as a silence zone rests with the state . A place will be earmarked a silence zone only when the state issues a notification to that effect.
Until Wednesday, there were more than 1,500 silence zones in the city. “Hundred metres around hospitals, courts, religious places and educational institutes were categorised as silence zones. This would be most parts of Mumbai, as one of these institutions are found in almost all the areas,” said Abdulali, whose Awaaz Foundation is a petitioner in the case.
She added: “The decision shows their priorities. Just to satisfy a small vote bank, they are going to ruin everyone’s health.”
Abdulali said pollution levels had come down after noise rules were put in place. “The environment secretary had acknowledged it and said it was a result of the people’s movement. This is going to reverse all that.”
Mandals have welcomed the order. “Because of the regulation, we could not perform aarti within 100 metres of hospitals and other institutions. But now we can celebrate the festival better. We will still take all precautions to ensure no patient or resident is affected because of our celebration,” said Naresh Dahibavkar, President, Brihanmumbai Sarvajanik Ganeshotsav Samanvay Samiti (BSGSS).
An official from the state environment department said the call on deciding silence zones would be taken by the home department and local bodies. “We just informed the HC about the amendment made by the Union ministry. The home department and local bodies will take a call on notifying the silence zones,” explained the official.
Mahek Chayya, a Malad resident, said, “The amount of noise created by a pandal, apartment or any area hosting Ganpati, is not by any means directly proportional to your devotion to the festival. I live near a school and a hospital and last year, there were four pandals around my house. I can only imagine the noise this year.”
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