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to Hear PIL Over Non-Implementation of Noise Pollution Order During Ganesh Festival
A filed in the has brought to the fore the persistent friction between religious mandals and civil groups over noise pollution during the ongoing Ganesh Chaturthi festival in Pune district. The PIL, moved by Akshay Bikkad, seeks strict compliance with a landmark judgment of the same court that mandatorily required the State to prevent noise pollution during religious festivals. A comprising Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna has agreed to hear the matter on .
The development comes after mentioned the PIL urgently before the bench on , highlighting that the judgment penned by Justice Abhay Oka (as he then was) in has not been properly implemented even a decade later. Sakhare submitted, “There have been some issues in Pune due to noise pollution during the ongoing festival... one man is assaulted in Pune for objecting to noise pollution... the festival is not yet finished and some more festivals like Navratri are nearing... Thus this court must hear this PIL.” The bench, however, directed that the matter be taken up for hearing on .
A Decade-Old Judgment Under Scrutiny
The judgment in Mahesh Vijay Bedekar dealt comprehensively with the prevention, control, monitoring, and abatement of noise pollution across Maharashtra. The bench, which also included Justice Amjad Sayed, had recorded the State Government’s failure in performing its duty concerning the implementation of the . It held that upon receipt of a complaint of noise pollution, the concerned authority is under an obligation to act in accordance with law and must maintain the .
Despite these categorical pronouncements, the PIL contends that the continues to suffer from serious deficiencies. The petition states: “The petitioner's grievance is that despite the categorical pronouncements, the implementation of the continues to suffer from serious deficiencies. The deficiencies such as absence of effective and continuous monitoring of in residential, commercial, industrial and silence zones, inadequate availability or deployment of calibrated sound-level meters and other requisite monitoring equipment etc continue to require urgent judicial intervention. Despite the passage of several years from the Judgment, the directions issued therein have not been implemented uniformly and effectively.”
The PIL’s Core Grievances
The PIL highlights a systemic failure in the enforcement machinery. Post the judgment, a framework was ostensibly created, but the petition argues that implementation remains deficient. Key issues include the lack of regular monitoring of , insufficient deployment of sound-level meters, and the absence of a robust complaint mechanism that ensures anonymity for complainants. The petition also points out that the order had explicitly noted the State’s failure, yet the same pattern of non-compliance persists.
A particularly alarming incident cited in the PIL is the assault on activist Vidyanand Bapat on , who was allegedly attacked for raising his voice against high-decibel DJ sound systems ahead of the Ganesh Chaturthi festival. The petition contends: “Recently, one of the persons who have been actively raising this issue was also assaulted in public and thus the petitioners are compelled to approach this court. Civil groups in and around Pune are taking up the issue of flagrant violation of noise pollution norms and have been demanding a ban on loudspeakers, laser lights and plasma sound systems thereby leading to friction with mandals and other religious bodies. The difference and issues if not resolved are likely to lead to law and order situation during the festive season.”
This assault underscores the growing tension between civil society activists seeking enforcement of noise norms and religious mandals that often resist restrictions during festivals. The PIL warns that without timely judicial intervention, the situation could escalate into a law-and-order crisis, especially with Navratri and other festivals approaching.
Court’s Response and Next Steps
The , while acknowledging the urgency flagged by the petitioner, chose to schedule the hearing for rather than granting an immediate hearing. This decision suggests that the court may prefer to allow the current Ganesh festival to conclude before delving into the broader issues. However, the bench’s willingness to entertain the PIL indicates that the court is cognizant of the gravity of the allegations and the potential for future violations.
The PIL seeks a direction to the and its authorities to strictly enforce the judgment and the Noise Pollution Rules. It also demands the creation of an effective monitoring mechanism, including the deployment of calibrated sound-level meters in all zones and the establishment of a transparent complaint system that protects whistleblowers. The petitioner has further urged the court to mandate that all district administrations proactively monitor noise levels during festivals and take immediate action against violators.
Broader Implications for Noise Pollution Regulation
The case raises fundamental questions about the efficacy of judicial directions in environmental governance. The judgment was hailed as a progressive step towards curbing noise pollution, yet its implementation has been patchy at best. The PIL’s emphasis on the assault on an activist highlights the risks faced by citizens who assert their right to a peaceful environment. This could set a precedent for courts to not only issue directions but also to monitor compliance through periodic reports and .
For legal practitioners, the case underscores the importance of PILs as a tool for enforcing environmental regulations. The ’s willingness to revisit its own order after a decade signals that courts are prepared to intervene when executive inaction persists. It also serves as a reminder that the Noise Pollution Rules, 2000, impose a on authorities to act upon any complaint, without requiring the complainant to reveal their identity.
Conclusion
The hearing will be closely watched by civil society groups, religious bodies, and environmental lawyers alike. If the court finds that the State has failed to implement the judgment, it may issue stricter directions, including the possibility of against errant officials. The PIL also brings into sharp focus the delicate balance between religious freedom and the right to a noise-free environment—a balance that the judiciary has consistently sought to maintain through reasoned orders.
As the Ganesh festival winds down and Navratri approaches, the ’s intervention could shape how future festivals are conducted across Maharashtra. For now, all eyes are on the bench that will take up this critical matter in early October.
