Set up noise complaint system before festivals: HC to Maha​
​DNA CORRESPONDENT | Fri, 14 Jul 2017-07:30am , DNA
The police will conduct awareness workshops on the harms of noise pollution 
The Bombay High Court on Wednesday directed the State government to immediately set up a grievance redressal mechanism, before the festive season begins. Citizens should be able to complain about violation of noise pollution rules via email, telephone calls, and text messages.
The division bench of Justices Abhay Oka and Vibha Kankanwadi said, "The state government should file an affidavit stating the steps taken by August 11." The court gave the direction after advocate Rohan Cama, appearing for Awaaz Foundation, complained that the government has not acted on the directions given by the court in August 2016. Not even a toll free number has been allotted.
The State said that the Regional Transport Authority and Traffic police would be conducting awareness workshops for public transport drivers.
Petitioners also raised the issue of the State writing to the Centre, asking it to relax noise rules during festivals. The bench reminded the government and other political parties that the Special Leave petition filed by the government against the High Court order, asking for proper implementation of noise rules, has been rejected by the Supreme Court and by the bench headed by the Chief Justice of India. Further, the High Court is regularly monitoring the implementation thus the government is well aware of the adverse implications if the order is not followed.
Advocate General Ashutosh Kumbhakoni tendered the minutes of a meeting between him and senior police officials, where it was decided that the police will: 1) Implement a drive to curb rash driving. 2) Conduct awareness workshops among school/college children about the harmful effects of high noise levels. All deputy commissioners of police will have to file a monthly report about the steps taken.
SILENCE IS GOLDEN

• Petitioners complained that the government had not acted on directions given by the HC in August 2016
• They also raised the issue of the State writing to the Centre asking it to relax noise levels during festivals

HC TO STATE: NO CHOICE, IMPLEMENT NOISE RULES FOR GANPATI FESTIVAL
Mumbai Mirror | Updated: Jul 14, 2017, 03.29 AM IST
Bench was told that state had planned to approach Centre, seeking relaxation of norms.

The state government, which was planning to relax noise pollution rules for Ganeshotsav and Navratri festivals this year, will instead have to properly implement the same, the Bombay High Court made it clear on Thursday.

A division bench of Justice AS Oka and Justice VV Kankanwadi, while hearing a bunch of public interest litigations on the issue, was informed about the state government’s decision to approach the Centre, seeking relaxation in loudspeaker rules for the forthcoming festivals.

Pouring cold water on the administration’s plans, the High Court observed that the state government had no choice but to follow its directions to not allow loudspeakers in silence zones on any day of the year, as it has failed in its challenge before the Supreme Court.

“Let us remind all the politicians and the government that the Supreme Court has already dismissed the petition that challenged this court’s orders. The SC has upheld this court’s judgment. Now the Apex Court is monitoring this, so you (government) have no other option but to implement this court’s orders or else you are aware about the implications,” the bench observed after hearing the submissions.

The HC order was issued last year.

The court was told that Chief Minister Devendra Fadnavis had met representatives of certain Ganpati mandals and reportedly assured them of relaxations in use of loudspeakers. The mandals are said to have sought the relaxation as 80 per cent of them fall in silence zones.

The court was further informed that despite its orders, the state government has not created any toll-free and WhatsApp numbers for registration of noise pollution-related complaints.

The bench directed the government to ensure that all preparations for effective implementation of the Noise Pollution Rules, 2000, are in place before the festive season. It further directed the state to create the toll-free and WhatsApp numbers.

The petitioners also informed the HC that state has failed to check vehicular noise pollution. On a query from the court, Advocate General Ashutosh Kumbhakoni submitted that the Regional Transport Officers as well as Traffic Police would conduct workshops to sensitise the drivers of taxis, auto-rickshaws as well as Ola and Uber cabs against unnecessary honking.

​Bombay HC to state: Ensure grievance redressal mechanism in place before festivities
Bombay HC to state: Ensure grievance redressal mechanism in place before festivitiesThe court directed the corporations to take steps under the existing rules and regulations and said that the state government should issue directions to them if the prevelant regulations did not empower the civic bodies to do so.Written by Kajol Runwal | Mumbai | Published:July 14, 2017 12:13 am

The Bombay High Court on Thursday directed the state government to ensure that a grievance redressal mechanism to address complaints pertaining to noise pollution rule violations is created before the onset of the festival season.
The court emphasised that the government would face implications for non-compliance with court orders relating to noise pollution, especially with the Apex Court also having confirmed the high court orders in this regard.
A division bench headed by Justice A S Oka was hearing a bunch of petitions pertaining to violation of noise pollution rules, especially during festivals.
Appearing for Awaaz Foundation, advocate Rohit Cama said none of the toll-free numbers for residents to lodge complaints were operational.
Other issues that were raised were related to noise because of construction and traffic.
The court directed the corporations to take steps under the existing rules and regulations and said that the state government should issue directions to them if the prevelant regulations did not empower the civic bodies to do so.

In terms of noise created by honking, the state had earlier informed the court that it was awaiting presidential assent for implementation of provisions under the Maharashtra Transport and Road Safety Act, 2017, which penalises people for honking needlessly. The penalty for honking will go up from the current Rs 100 to Rs 2,000.
Advocate General A Kumbhakoni informed the court that the government was holding special drives to increase awareness in this regard and those covered under the drive include app-based cab services.
He added that all reports pertaining to implementation of noise pollution rules would be provided to him on the fifth of every month from various departments.
With regard to noise mapping in 27 cities across the state, Cama expressed his reservation on the way it was being carried out. The court then sought a report from the National Environmental Engineering Research Institute (NEERI), that is supposed to conduct the study. “The NEERI should submit its report pertaining to the process and procedure followed by it,” said Justice Oka.
mumbai.newsline@expressindia.com

GULF NEWS

INDIAJuly 13, 2017  | Last updated 2 minutes ago 
Festival organisers want noise rules relaxedMajor parties met Fadnavis last week to seek his intervention on the matter
Published: 15:44 July 13, 2017 
Pamela Raghunath, Correspondent
 Mumbai: The BJP-Shiv Sena government in Maharashtra has asked the BJP-led government at the Centre to give its nod to relax noise norms during the 10-day Ganesh festival in August.
The Sena in particular has requested Chief Minister Devendra Fadnavis to come out with an ordinance against the curbs imposed by the Bombay High Court on noise levels.


This is one way of bypassing the court’s directive to the state government that all police stations across Maharashtra should not issue a licence for the use of loudspeakers in ‘silence zones’ — 100 metres from schools, colleges, hospitals, courts and religious places.
But with the arrival of the Dahi Handi and Ganesh festival season, both the BJP and Sena are eager to please the various Ganesh associations or mandals which have a huge local following during the celebrations. Moreover, Ganesh festivities are an integral part of the cultural identity of Maharashtrians.
While the Sena has had a long-standing association with the mandals, the BJP too wants to patronise these popular organisation by relaxing the norms.
Both parties met Fadnavis last week to seek his intervention on the matter.
According to Kundan Agaskar of Samanvay Samiti or Coordination Committee for Ganeshotsav, “This problem has been festering for two years, but the parties did nothing and now — when the festivities are just a month away — they want to act, Nevertheless, we hope the government can pass an ordinance so that rules are relaxed during religious festivals.”
He told Gulf News, “The festival will certainly be celebrated in full gusto and we expect that rules to be eased in the use of loudspeakers — since almost all the 2,000 Ganesh mandals in crowded Mumbai are located in Silence Zones. Without a loudspeaker, there can be no festivities as we have so many religious, musical and cultural programmes with thousands of devotees as well as others participating. We have nothing against the court order but the question is, are we expected to shut down our celebrations?” he asks.
But activists who have fought hard to reduce noise levels in Mumbai and Maharashtra are not taking it lying down and have shot an emergency letter to Prime Minister Narendra Modi and Environment Minister Harsh Vardan, “We very strongly object to the proposed relaxation of Noise Pollution Rules which ban loudspeaker use in Silence Zones by the Maharashtra State Government. We write to you in anguish, on behalf of citizens of Mumbai already suffering from the highest noise pollution levels in the world according to Central Pollution Control Board studies,” said Sumaira Abdulali, convener, Awaaz Foundation.
In her appeal, she has also said, “The Supreme Court has clarified, in its order dated 5 October 2005 that no loudspeaker can be used within the Silence Zones at any time, and has re-iterated its orders several times. The Bombay High Court passed a comprehensive order in August 2016 and the Maharashtra state government gave an undertaking to the court that it would ensure that loudspeaker permissions are not given in Silence Zones.”

Keep Ganesh fest hushed in silent zones: Mumbai NGO writes to PM
 VIRAT A SINGH | Thu, 13 Jul 2017-10:45pm ,
Mumbai , DNA webdesk
Anti-noise pollution activists have raised a strong objection against Chief Minister Devendra Fadnavis's plans to relax noise pollution norms for the Ganesh utsav festival in silence zones.
City-based NGO, Awaaz Foundation has written to the Prime Minister Narendra Modi seeking his intervention. They also plan to bring the issue to the Bombay High Court's notice on Thursday during a hearing on a petition on curbing traffic noise.
Recently, Fadnavis said that the State will seek permission from the Union Environment Minister to permit loudspeakers in silence zones for the 10-day festival this year. In case the request was not processed in time, the State government will issue an Ordinance to allow it, he said.
In her letter to the PM and Union Environment Minister Dr Harsh Vardhan. Convenor of Awaaz Foundation Sumaira Abdulali has appealed to them on behalf of the health of citizens of Mumbai to intervene against such a measure, which also violates a Statute of the Indian Parliament, the Noise Pollution Rules of the MoEFCC, and Supreme Court and Bombay High Court Orders.
“If needed, we will file a fresh petition against the State, which is contradicting its own undertaking to the Bombay High Court's 2016 order that it would ensure that loudspeaker permissions are not given in Silence Zones,” Abdulali said.

How noise pollution affects you: Noise pollution effects can be felt throughout the human body. It can affect one's hearing, mental health, cause heart disease. According to medical studies, it affects every single organ of the body. The elderly, infants and people battling health ailments are a high-risk group.
​
What are Silence Zones: Under the noise pollution rules, Silence Zones are defined as areas within 100 metres of sensitive places like hospitals, courts, educational institutions and religious places.

The Noise Rules: The Noise Rules, formulated for enforcement of decibel levels, were passed in Parliament as a part of the Environment Protection Act, 1986. The decibel level restrictions have been derived from a World Health Organisation Report “Community Noise” 1986. The report acknowledged the environmental harm caused by noise pollution and mandated the need to restrict them to within specified limits. The Noise Pollution Rules and Statute have been upheld by the Supreme Court of India as a Constitutional right of citizens to enjoy peaceful life under Article 21.

Noise pollution in Mumbai: Awaaz Foundation has been actively measuring noise emitted from various sources (loud speakers, traffic noise etc) in Mumbai since 2002. While noise pollution is a continuous hazard due to traffic and other noise sources, its peak effects are felt during the festival season when loudspeakers are often used in the sensitive areas like Silence Zones, adversely affecting the health of patients, the elderly, and infants. Studies indicate that noise levels from loudspeakers in the festival seasons including Ganesh Utsav and Eid-e-Milad, range from about 85 – 123.7dB. The NGO also found that noise levels when loudspeakers are used, are never within the statutory level required for ensuring a healthy life, specially for those who are already vulnerable.

​Jul 13 2017 : The Times of India (Mumbai)
SOS to PM over plan to ease noise norms 
Mumbai: 
TIMES NEWS NETWORK 

Following the state government's intentions to relax the noise pollution rules in silence zones during Ganeshotsav, activists have written to Prime Minister Narendra Modi and environment minister Harsh Vardhan to register their protest.“We very strongly object to the proposed relaxation of noise pollution rules, which ban the use of loudspeakers in silence zones by the Maharashtra government. We write to you in anguish on behalf of citizens of Mumbai already suffering from the highest noise pollution levels in the world according to Central Pollution Control Board studies,“ said Sumaira Abdulali, convener of the Awaaz Foundation.
Until 2016, the state government allowed mandals to install loudspeakers in silence zones, within permissible limits adhering to the 10pm deadline. However, the Bombay high court had ordered the state government to not give permission for loudspeakers in silence zones.
The Shiv Sena has backed the city's govinda-Ganesha outfits on the noise pollution issue. “While noise pollution is a continuous hazard due to traffic and other noise sources, its effects are felt during the festival season when loudspeakers are often used in the sensitive areas of silence zones, adversely affecting the health of patients, the elderly and infants,“ said Abdulali in her letter.
According to the Noise Pollution (Regulation and Control) Rules, 2000, residential and silence zones should have a maximum noise level of 55dB and 50dB in the day and 45dB and 40dB at the night.
During the last day of immersion in 2016, the area outside Opera House junction, in south Mumbai was the noisiest at 116.4 decibels (dB), for a second consecutive year.
High noise levels were experienced in Prabhadevi that recorded 114 dB, areas near the Juhu airfield logged 112.2 dB. 



Noisier Ganeshotsav, dahi handi? Maharashtra CM’s plan irks Mumbai activistsMumbai city news: The Bombay high court banned the use of loudspeakers, drums, trumpets and playing music using sound amplifiers in silence zones during festive celebrations.
​MUMBAI Updated: Jul 10, 2017 23:28 IST
Badri Chatterjee 
Hindustan Times
Noise pollution not only leads to hearing loss but also can damage other organs and cause cardiac ailments, according to the World Health Organisation (WHO).(Hindustan Times)Chief minister Devendra Fadnavis’ promise of diluting noise norms for Ganeshotsav and dahi handi celebrations has irked noise activists.
Members of the Brihanmumbai Sarvajanik Ganeshotsav Samanvay Samiti (BSGSS), umbrella body of Ganesh mandals in the city, said on Thursday that Fadnavis promised there won’t be any restrictions this year. “We requested the CM to allow use of loudspeakers in silence zones and raise the height of human pyramids for dahi handi. We want the radius of silence zones to be reduced from 100m to 10m, so festivals can be celebrated without any hindrance,” said Naresh Dahibhavkar, president, BSGSS.
Dahibhavkar said the CM told them an amendment on noise rules can’t be issued as Ganeshotav is just 50 days away. “The state has requested the Centre to look into the matter. If they fail to make changes, the CM promised the state environment department would issue an ordinance to dilute noise norms.”
The Bombay high court, in its order last year, banned the use of loudspeakers, drums, trumpets and playing music using sound amplifiers in silence zones during festive celebrations.
Read more: Noise pollution: Mumbai began to quiet down in 2016
In August 2016, the Supreme Court upheld an HC order on banning those under 18 from dahi handi pyramids and restricting the height of pyramids to 20ft. “While 500-600 people used to get injured every year during dahi handi, after the SC order, only nine people were injured last year. The state can’t take such a risk. They are only consoling the mandals. We don’t expect any ordinance in violation of court orders,” said Swati Patil, secretary of Utkarsh Mahila Samajik Sanstha, who filed the petition.
Noise pollution not only leads to hearing loss but also can damage other organs and cause cardiac ailments, according to the World Health Organisation (WHO).
Anti-noise activists said the move shows lack of concern. “The state is using its power to suppress people’s genuine concerns, instead of protecting their health. We have been fighting for it for almost two decades and everyone - from slum dwellers to the elite class in Mumbai - has support us,” said Sumaira Abdulali, convener, Awaaz Foundation. “Last year, the environment secretary and the Mumbai police commissioner thanked citizens for celebrating a quiet festival. The government move is extremely disappointing.”
“The state does not have the power to issue such an ordinance. Noise norms are framed by the Centre. Whenever the state has approached the Centre in such matters, they have been turned down. I hope good sense prevails and the CM rethinks his stand,” said Ashok Ravat, Shivaji Park resident, who filed a petition that made the area a silence zone.