Hindustan Times: Mumbai: Thursday,
September 08, 2016.
Citizens can
claim compensation from the state if their complaints about noise pollution
have gone unheard, the Bombay High Court (HC) said .
A division
bench of justice Abhay Oka and justice Amjad Sayed said the failure of law
enforcement agencies in implementing noise pollution rules was a violation of a
citizen’s fundamental right. The order, issued on August 16, was published on
the court’s website on September 5. The court will hear the matter again on
October 4 to discuss details about the compensation citizens can claim.
“We hold that
any breach of the Noise Pollution Rules shall amount infringement of
fundamental right of citizens under the Article 21 of the Constitution of India
and apart from the other remedies available, the citizens will have right to
seek compensation from the state within the meaning of Article 12 of the
Constitution of India on account of breach of fundamental rights,” read the
order.
The court
gave the order while hearing a group of petitions that raised concerns over
increasing noise pollution and the lack of law enforcement by the police and
other government agencies. One of the public interest litigations (PILs), filed
by Dr Mahesh Bedekar, an anti-noise campaigner from Thane, said noise pollution
rules were not followed during festivals like Ganeshotsav, Navratri and dahi
handi, and the police did not investigate complaints about the violation of
noise pollution rules.
Bedekar said
the HC order was significant. “For the first time, the court has made someone
accountable for noise pollution complaints and it will have long-term benefits
for citizens,” said Dr Bedekar, adding that as per Article 12 of the Indian
Constitution, authorities right from the Brihanmumbai Municipal Corporation
(BMC) ward offices to state government bodies such as the environment
department are accountable if no punitive action is taken against offenders.
He said the
current festival season is the best time for citizens to seek compensation. “If
there is no actions for noise pollution complaints, citizens can now appeal to
the government under the Right to Information (RTI) Act,” said Bedekar, adding
that if the police had failed to take action, the complainant would be entitled
to compensation.
Anti-noise
campaigner Awaaz Foundation said it will collect complaints from citizens,
along with details of police action and draft a compliance report that will be
presented in court on October 4. “It’s a strong incentive for the government
not to squander money by paying compensations through this. If they do not take
action, they may have hundreds of compensations to pay out,” said Sumaira
Abdulali, convener, Awaaz Foundation. “The court also directed the state
government to take action against officers who do not implement the Noise
Rules.”
Abdulali
wrote to chief minister Devendra Fadnavis on Wednesday highlighting the order.
“Awaaz Foundation will maintain an independent record of complaints and will
independently monitor noise levels during all festivals. The court has made it
clear that these orders will apply to all religions equally,” she said.
Help the
cops
Citizens can
assist the police by downloading decibel meter apps. According to the recent HC
order, citizens can use Whatsapp and email to make anonymous complaints.
“Citizens’ complaints and police action will form a record for a compliance
report to HC in October,” said Sumaira Abdulali, convener, Awaaz Foundation.
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