Tribunal Mandates Real-Time Noise Monitoring and Strict Enforcement During Festival
The National Green Tribunal (NGT) in Pune has issued several directives aimed at curbing noise pollution during the upcoming Ganeshotsav festival, following concerns that previous guidelines by the Bombay High Court were not fully implemented. A bench consisting of judicial member Justice Dinesh Kumar Singh and technical member Dr. Vijay Kulkarni issued the directions while hearing an application filed by audiologist Dr. Kalyani Mandke. The application sought enforcement of the Central Pollution Control Board (CPCB) compensation regime, limitations on loudspeaker permissions, and cancellation of permits for violations under the Noise Pollution (Regulation and Control) Rules, 2000.
The petition also requested the revocation of temporary licenses for pandals that breach noise limits and called for the Maharashtra Pollution Control Board (MPCB) to release noise monitoring data for the years 2021 to 2023. The applicant argued that decibel limits are often exceeded by loudspeakers during the festival in Pune, with authorities failing to properly enforce regulations.
Citing a study by the College of Engineering Pune (COEP), the application highlighted that noise levels on the final day of the 2023 festival averaged 105.2 decibels, surpassing permissible limits. Despite a 2016 ruling from the Bombay High Court in *Dr. Mahesh Vijay Bedekar v. State of Maharashtra*, which called for tighter regulation of loudspeakers, the application claimed that authorities continued to grant permissions unchecked.
The Tribunal, while reviewing the response from MPCB, noted that the board provided only a procedural overview of what should occur when noise regulations are violated, without offering data on the number of cases registered or actions taken. The Tribunal concluded that the MPCB’s response was insufficient.
Taking into account the non-compliance with the High Court’s directives, the NGT issued the following instructions:
1. Real-time Noise Monitoring: MPCB is required to monitor noise levels in real-time at a minimum of three locations near each Ganapati Pandal. These levels, along with permissible limits and a health warning, must be prominently displayed in two locations near the pandal. MPCB will cover the cost of the monitoring.
2. Noise Monitoring During Visarjan: During Ganesh Visarjan processions, real-time noise monitoring will be conducted at major traffic junctions, with digital displays showing noise levels, limits, and health warnings. MPCB will bear these expenses as well.
3. Speaker Capacity Limits: The police, in consultation with MPCB, will set maximum loudspeaker capacities for each pandal, taking into account the proximity to schools, hospitals, and residential areas. Ganesh Mandals must declare their speaker systems within the permitted limits when applying for permission.
4. Control on Dhol and Tasha Troupes: The number of Dhol, Tasha, and Zanj players in each troupe during the Visarjan procession must not exceed 30. In case of violations, the police will seize the sound equipment.
5. Ban on DJ Systems and High-Noise Instruments: The use of metallic instruments and DJs during the Visarjan procession is prohibited. Violators will face legal action.
6. Publication of Violators’ Names: Within seven days after the Visarjan, MPCB must publish the names of those violating the Noise Rules, 2000, in two local newspapers and upload the information to their website for public access.
7. Public Awareness Campaign: MPCB is directed to raise awareness about the harmful effects of excessive noise levels and publicize these directives before the festival to ensure compliance.
The Tribunal emphasized that strict action would be taken in cases of violations, with criminal proceedings initiated against offenders. Advocate Maitreya Prithwiraj Ghorpade represented the petitioner, while Advocate Swati Vaidya-Pandit appeared on behalf of the Pune District Collectorate, and Advocate Manasi Joshi represented MPCB.
(With inputs from agency)
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