Wednesday, October 24, 2012

HC lets the music play Refuses to cancel nod for dandiya in Mulund silence zone, but tells organisers to get NOC

HC lets the music play
Refuses to cancel nod for dandiya in Mulund silence zone, but tells organisers to get NOC

Three days after permitting a Navratri mandal in Mulund to hold dandiya festivities in a silence zone, the Bombay high court on Tuesday refused to cancel the permission even after it was told that the mandal had violated court orders.
The court, while granting permission to Navyuvak Mitra Mandal on Saturday, had directed it to instal distributive sound systems to mitigate noise levels such that they remain within the permitted limit. A non-profit organisation, Awaaz Foundation, which recorded noise levels at the mandal’s dandiya venue on Monday night, told the court on Tuesday that the mandal had violated noise rules with high decibel levels that ranged between 67dB and 97dB. The maximum permissible limit is 45dB. Awaaz Foundation also pleaded in court that the liberty granted to the organisers be revoked.
However, the court rejected Awaaz Foundation’s plea and observed: “Do something outside court also, this legal battle is not the only solution when it comes to people’s emotions. There has to be some via-media worked out.”
The court also directed the organisers to submit a no objection certificate from an eye care hospital and a nursing home which are located in the vicinity, vouching for the fact that the celebration is not a disturbance. The court specifically asked the organisers to submit the certificate before 6pm on Tuesday in order to continue with the festivities.
As for the court’s order of Saturday, asking the organisers to instal a distributive sound system to reduce noise levels, the organisers informed the court of their inability to do the same at a short notice.
The organisers, however, told the court that they had instead installed small speakers but admitted that it was not possible to curbing decibel levels respecting the crowd’s zest for celebration.
The court clarified that it was not expressing any opinion as regards areas earmarked as silence zones, but said in this case, it had considered that the mandal has been holding its function for the last 15 years and so, the permission was granted.
The bench stated that from next year, the organisers should approach the authorities for permission to hold the function on an open ground and not on a public road as is being done.


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