Mumbai: Rejecting the Maharashtra government’s stand that silence zones do not exist as of now, the Bombay High Court on Wednesday said its 2016 order declaring areas near hospitals, schools, colleges, and courts as silence zones shall continue to be in effect.
Advocate General Ashutosh Kumbakoni told the court on Tuesday that pursuant to an amendment to the Noise Pollution (Regulation and Control) Rules of 2000, all areas declared as silence zones stand de-notified.
“Until the State files an application seeking to review or recall the order passed by us in August 2016 and the application is heard and finally decided, the 2016 judgement shall continue to operate,” said a Division Bench of Justices A.S. Oka and Riyaz Chagla.
However, Mr. Kumbakoni said, “According to the government, the 2016 order cannot operate pursuant to the amendment to the Noise Pollution Rules issued by the Centre on August 10.” He said the government is ready to file an application seeking to review or recall the order.
The Bench said it will hear arguments of all parties concerned, and pass an order.
As per the amended rules, an area/zone cannot be considered as a silence area/zone until and unless a specific declaration to that effect is made by the State. According to the government, the amendment rendered the High Court’s 2016 order infructuous. Mr. Kumbakoni said the State will carry out a fresh exercise to identify areas which need to be notified as silence zones.
“The State cannot take a stand that loudspeakers can be used everywhere and let people suffer. This is not fair,” said Justice Oka.
Mr. Kumbakoni told the court that the government is only trying to make the order more workable. “There are many small dental clinics and educational training institutes in the State. What is the point in declaring these areas as silence zones?” he asked.
The court was hearing a batch of petitions seeking strict implementation of the Noise Pollution Rules.