The Tribunal underscores the enforcement of noise pollution regulations during public festivals, affirming the duty of authorities to implement monitoring measures and protect public health under Article 21.

JUDGMENT

1. This Original Application has been filed with the prayers that a direction be issued to the respondents to implement adequate noise control and monitoring measures during Ganesh festival to mitigate noise pollution in Pune city, including implementation of CPCB Compensation Regime; the District Collector, Pune be directed not to issue permission for over 1 pair of loud-speakers system per Ganesh Mandal/Ganesh Devotee group and not to issue permission in favour of established violators of the Noise Rules, 2000 and cancel permission if it is already issued to the violators; a direction may be issued to respondent No.4-PMC to cancel the license granted on temporary basis for the pandals to be set up for Ganesh Mandals, if found to be in violation of Noise Rules, 2000 and a direction may be issued to respondent No.3 – MPCB to release noise monitoring data collected and compiled during noise monitoring undertaken during Ganesh festivals from 2021 to 2023.

2. Looking to the urgency of the matter because Ganesh festival is going to commence from 07.09.2024, we had issued notices only to respondent No.2 – District Collector, Pune and respondent No.3 – MPCB, who have put in their appearance through their respective counsel and who have submitted their reply-affidavits and we are dispensing notices to be issued to respondent No.1 – Secretary, Environment Department, State of Maharashtra, respondent No.4 – Pune Municipal Corporation and respondent No.5 – Commissioner of Police, Pune City.

3. The facts of the case are that the applicant has described the decibel levels provided in Schedule appended to the Noise (Prevention and Control of Pollution) Rules, 2000 (hereinafter referred to as “Noise Rules, 2000), as follows :

4. It is stated in the application that above limits of decibel levels have been violated routinely by various private loud speakers/music systems, which comprise of multi-speaker set-ups installed during Ganesh festival. The respondent authorities have repeatedly failed in regulating such speaker systems and ensuring that the mandated noise levels are enforced. The chart, which has been provided by the applicant under paragraph 9 of the application, would show that during the years 2018-2020, there was complete absence of regulation of noise pollution in Pune city during Ganesh festival and that the authorities are unable to ensure compliance of the provisions of Rule 3(3) and Rule 4(2) of the Noise Rules, 2000, which are quoted herein-below:

“3(3) The State Government shall take measures for abatement of noise including noise emanating from vehicular movements, blowing of horns, bursting of sound emitting fire crackers, use of loud speakers of public address system and sound producing instruments and ensure that the existing noise levels do not exceed the ambient air quality standards specified under these rules.

4(2) The authority shall be responsible for the enforcement of noise pollution control measures and the due compliance of the ambient air quality standards in respect of noise.”

5. Further it is submitted by the applicant that College of Engineering, Pune (COEP) has conducted an independent study by the name “COEP Sound Level Report 2023” dated 29.08.2024, wherein it is observed that in 2023, Ganesh festivals celebrations have registered an average sound level of 105.2 decibels on the final day of Ganesh festival at Laxmi Road, Pune. Noise levels in different parts of the city have been noted in paragraph No. 14, all exceeding permissible limits of decibel levels.

6. It is further mentioned in the application that it is noticed that massive walls of loud-speakers are installed al