Tuesday, October 9, 2012

CM allows societies to play dandiya till midnight Say they are prepared to move the Bombay high court against state’s decision

CM allows societies to play dandiya till midnight


Say they are prepared to move the Bombay high court against state’s decision

MUMBAI: Housing societies can continue dandiya celebrations till midnight during Navratri, which begins on October 16. The only rider — traditional instruments should be played and no loudspeakers can be used.
Workers busy preparing for the Korakendra Dandiya raas 2012 at Kora Kendra, Borivli. Chief minister Prithviraj Chavan on Monday told a delegation of Navratri mandals, led by Congress MP Sanjay Nirupam, that the noise norms would be relaxed for housing societies during the nine-day festival.
As per the current rules, no instruments or speakers are allowed after 10pm. “The chief minister assured us that the existing rules would be verified, amendments would be made and the police would be instructed,” Nirupam said.
The MP said they decided to approach the CM after the government allowed similar relaxation of rules during Ganeshotsav.
Environment minister Sanjay Deotale told HT that he would have to study the proposal.
Chavan turned down a request by mandals organising functions at public places to extend the deadline for another day. Anti-noise activists have slammed the state government’s decision to allow housing societies to use traditional instruments minus loudspeakers till midnight on all nine days of the Navratri festival.
“Under which law can the government allow this to happen? It is illegal and in direct contempt of the Supreme Court (SC) ruling that has banned loudspeakers and instruments after 10pm,” said Sumaira Abdulali, convener, Awaaz Foundation.
According to Abdulali, the decision cannot be challenged in court in the absence of a government notification. “We are absolutely prepared to move the Bombay high court. However, it will be very difficult for the government to come out with a notification because it would mean a deliberate attempt to violate SC orders.”
On Monday, activist Sudhir Badami wrote to Chief Justice Mohit Shah asking him to reprimand the state political leadership, environment secretary and police commissioner for allowing people to violate noise rules without taking any action against the offenders.
“My email seeks that the Chief Justice convert it into a suo motu public interest litigation (PIL) and expeditiously direct the government according to the prayer,” said Badami. (see box)
For the first time this year, the government allowed the use of traditional instruments during the 11-day Ganesh festival. The sound of these instruments amplified on a loudspeaker resulted in soaring sound levels on the fifth day and eleventh day of Ganesh immersions.
“The government is violating the spirit of the (noise) Act. We will consider approaching the national green tribunal against the use of traditional instruments till midnight, since the noise rules make it clear that no instrument can be used post 10pm,” said AM Marathe, antinoise activist from Navi Mumbai.

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