Times of India: Mumbai: Thursday, 31 July 2014.
The Bombay
high court on Wednesday directed the police to remove loudspeakers from those
mosques in Mumbai and Navi Mumbai that have not obtained required permissions
for them from the authorities.
A division
bench of Justices V M Kanade and P D Kode, while hearing a PIL, said that
unauthorized loudspeakers must be confiscated irrespective of whether they were
installed for "Ganeshotsav, Navratri or in mosques... irrespective of
religion, caste or community". It called on citizens to "come
together" against noise pollution.
A recent RTI
plea unearthed data that showed 45 of the 49 mosques in the area did not have
the requisite permission for loudspeakers.
The PIL,
filed by Navi Mumbai resident Santosh Pachalag earlier this year, raised the
issue of "illegal use of loudspeakers" by mosques in Navi Mumbai. It
claimed that, according to data obtained recently under the Right to
Information Act, 45 of the 49 mosques (around 92%) in the area do not have
permission for loudspeakers. It added that the mosques are located in silence
zones, which house schools and hospitals, and that their loudspeakers surpass
the decibel levels allowed under the Noise Pollution (Control and Regulations)
Rules 2000.
The judges on
Wednesday asked the state to find out if the mosques have taken necessary
approval. "If they have not, what steps have you taken? This cannot go
on," said Justice Kanade.
Pachalag's
advocate D G Dhanure said the police can confiscate the loudspeakers if they
are being used without proper approvals. He submitted that, according to RTI
data, Ganpati and Navratri mandals in Thane had applied for permission to play
loudspeakers.
The bench
said that unauthorized loudspeakers must be confiscated in all cases,
"whether Ganeshotsav or Navratri or mosques". It observed that festivals
like Ganeshotsav and Navratri can get noisy. "They are a source of
continuous noise pollution. It is impossible to sleep during Ganeshotsav,
particularly its last five days," said Justice Kanade, adding that
"patients and old people at home" are especially affected. The judges
called for a citizens' initiative against noise pollution.
The judges
directed the state to file an affidavit on whether all mosques in Mumbai and
Navi Mumbai that use loudspeakers have sought permission for them. "If
necessary permission is not obtained, the police are directed to take adequate
steps to removal these loudspeakers," they noted in their order.