A division bench of Justice Abhay Oka and Justice Revathi Mohite Dhere were hearing an intervention application filed by Sunil Rane, general secretary of BJP's Mumbai office.
The Bharatiya Janata Party on Thursday informed the Bombay High Court that it was for implementation of noise pollution rules and would support the administration in doing so.
A division bench of Justice Abhay Oka and Justice Revathi Mohite Dhere were hearing an intervention application filed by Sunil Rane, general secretary of BJP's Mumbai office.
The bench asked the party to clear its stand on whether it was of the view that pedestrians and traffic would be inconvenienced if pandals are put up on busy roads and footpaths; whether the party was not keen for implementation of noise pollution rules. To this, the party said it was in agreement with the court orders.
BJP had moved the HC stating that they organise and celebrate festivals by putting up mandaps/pandals. While it is done with reasonable care without infringing on the other rights of the citizens, the party contended, the HC order affected its right to profess religion.
The bench relied on an affidavit filed by the Maharashtra Pollution Control Board (MPCB) in which it had stated that there had been an increase in instances of noise pollution between 2009 and 2014 and stressed the need for more vigilance by the state. The HC, "We hope and trust the MPCB recommendations are complied with by the state government."
The court also rapped the state for poor implementation of the rules. In an earlier order, the court had called for names of officers who had failed to comply with its orders. This had led to Advocate General Anil Singh tendering unconditional apology letters by the officers. He had also informed the court that the officers would be apprised of the court order.
The bench though said, "It has been months since our order was passed but the officers first met recently to discuss on its implementation. This shows that the state is not serious in implementing our orders. If you don't agree with our orders, you are at liberty to challenge it in the Supreme Court."
It clarified to the state that the order was not limited to one particular religion or festival. "Our order implies to all religious festivals not any particular one. Our concern is only that noise pollution rules should be followed."
The HC has given the government a week's time to file its affidavit on compliance of the order. It has warned of contempt proceedings in case the state fails to submit a compliance report.
Dr Mahesh Bedekar had filed the petition in 2010, citing the issue of pandals being raised randomly during festivals without permissions. Holding that silence is the fundamental right of citizens, the HC had then asked the state to put in place a mechanism for receiving complaints on noise pollution and their redressal. The HC had directed the state to demolish all such illegal booths or platforms.
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