Mumbai, Aug 20 (PTI) The Bombay High Court on Tuesday disposed of a Public Interest Litigation (PIL) seeking a total ban on the sale and use of loudspeakers and sound systems emitting noise levels exceeding the permissible limits during festivals, and asked the petitioner to approach the relevant authorities.
The HC observed directions cannot be sought to initiate an unfocused and speculative inquiry regarding violations of earlier court orders.
A division bench of Chief Justice D K Upadhyaya and Justice Amit Borkar, while disposing of the petition filed by a social service organisation, Akhil Bharatiya Grahak Panchayat, noted the issue could be taken up before the authorities concerned.
The PIL had sought a total ban on the sale and use of loudspeakers and sound systems emitting noise levels exceeding the permissible limits specified under the Noise Pollution (Regulation and Control) Rules, 2000, during festivals.
“The petitioner cannot seek an order to initiate an unfocused and speculative inquiry into whether there has been violation of the directions issued by this court without presenting prima facie evidence of such violation,” the bench emphasised.
The PIL had also raised concerns over the use of laser beams.
To this, the bench maintained there was no specific legislation or regulation governing such laser lights.
The court said the petitioner was at liberty to submit a detailed representation to the appropriate authority of the Maharashtra government, requesting immediate measures to regulate the use of light laser beams in public spaces, gatherings, and events.
The HC added that the petition could bring to the notice of police authorities the applicability of Section 125 or any other relevant provision of the Bharatiya Nyaya Sanhita (BNS) if the facts justify filing such a complaint.
The BNS section deals with an act endangering life or personal safety of others.
The PIL had relied on a report published by the College of Engineering, Pune, which analysed noise pollution levels during the 2023 Ganesh festival and found that the levels in the western Maharashtra city had reached hazardous levels.
The prescribed norms for residential areas are 55 decibels during the day and 45 decibels at night. However, during the last Ganesh festival, the average noise pollution level in residential areas of Pune city from 4 am until midnight was approximately 101.3 decibels, said the PIL, quoting the report.
The plea highlighted that the new trend involving the use of laser light beams, which are dangerous to human eyes, had emerged during the Ganesh festival in recent times. The organisation claimed several individuals have permanently lost their eyesight due to exposure to these laser beams.
The plea alleged that authorities responsible for enforcing noise pollution norms have failed to implement the same. PTI SP RSY
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