Alarming rise in noise levels at MNS's Gudi Padwa rally: HC

MUMBAI: Bombay high court on Friday issued contempt of court notice to Maharashtra Navnirman Sena leader Nitin Sardesai for gross breach of noise levels at the party's Gudi Padwa rally on April 8 at Shivaji Park. Permission to hold the rally and use loudspeakers were issued in his name.
"We find that during the function, there was an alarming rise in the decibel levels," said a bench of Justice Abhay Oka and Justice Prakash Naik of the report filed by the police who recorded the noise levels.The report said there was violation of Noise Pollution Rules and a show cause notice has been issued under Environment (Protection) Act.
On April 6, 2016 the HC declined to interfere with the permissions given to MNS as they were not challenged by petitioner Wecom Trust who wanted MNS to maintain the permissible sound limit. The State was directed to take criminal action against MNS if it flouts its undertaking.
Government’s advocate Poornima Kantharia said, "despite assurance given to the court they have not adhered to it. "The judges said MNS and Sardesai were under obligation to maintain ambient air quality standards in respect of noise. They judges said the panchnama contains decibel levels measured on April 7 and April 8. They noted there was "substantial increase" on April 8 and added that "prima facie" there was a breach and a case is made out for issue of contempt notice.
Senior advocate V A Thorat, appearing for MNS, said "the noise level marginally exceeded ambient levels and is not a violation of blatant nature." The judges pointed out that 50 decibels is the permissible limit. "You accepted the permissions which stated that it is a silence zone. Now you claim it is not a violation," said Justice Oka.
The judges also pointed out that at 5.49pm ( before the rally began) at Raja Bade gate it was 114.6 decibels. "You know the effect of using (musical) instruments. You could have avoided it," said Justice Oka. The bench has directed the government and BMC "will have to take action in accordance with law as prima facie there is breach" by Sardesai.