Flagging breach of permissible decibel norms, midnight music permissions, and unchecked firecracker use, the Bombay High Court has taken suo motu cognizance of the severe noise and environmental pollution being generated during the ongoing Ganapati Festival in Mumbai, particularly through unregulated use of loudspeakers, amplifiers and firecrackers on public streets. The Court noted that permissions are being granted to play loud music in processions up to midnight (12:00 a.m.), even though the general permission for processions with musical instruments, loudspeakers and amplifiers extends only up to 10:00 p.m. and called this illogical.
The Court expressed serious concern over the bursting of firecrackers during festivities, observing that it adds to the already alarming air pollution in Mumbai, worsens noise pollution, and creates an eminent danger of road accidents due to sudden explosions affecting vehicles and pedestrians. The Court emphasized that while festivities and processions cannot be objected to, they cannot be held at the cost of the legal rights of thousands of citizens, including senior citizens, students and children, who are being made to suffer silently from high decibel noise pollution.
The Division Bench comprising Justice G. S. Kulkarni and Justice Dr. Neela Gokhale observed that while festivities and processions cannot be objected to, they must be conducted in a manner that is cognizant of the rights of citizens at large, particularly given the adverse impact of high decibel noise pollution. The Court expressed concern that thousands of citizens, including senior citizens who are ailing or sick, students preparing for examinations, and young children, are being made to suffer silently at the behest of a few who create such objectionable noise pollution.
The Court further observed that it could not understand why firecrackers, which generate smoke and add to the deterioration of air quality, are permitted to be burst during festivities, especially when Mumbai is already facing severe environmental challenges. The bursting of firecrackers not only adds to air pollution but also contributes to noise pollution, and creates an eminent danger of accidents on public roads due to sudden noise and explosions affecting cars, two-wheelers and pedestrians.
Accordingly, suo motu notices have been issued to the State of Maharashtra (through the Commissioner of Police, Traffic), the Secretary, Urban Development Department, the Maharashtra Pollution Control Board (MPCB), and the Commissioner, Municipal Corporation for Greater Mumbai, with Mr. Aspi Chinoy, Senior Counsel, and Mr. Anand Pai appointed as Amici Curiae to assist the Court.
