Sound controls

Bombay HC questions total ban on DJs and Dolby sound systems in Maharashtra

The Bombay High Court on Wednesday asked the Maharashtra government why there was a blanket ban on DJs and Dolby Sound systems across the state.

The court was hearing a plea from the Professional Audio and Lighting Association (PALA), owners of sound and light rental companies, seeking to lift the ban/ban on using Dolby sound system/DJ system in Maharashtra during Ganesh immersion processions and other occasions.

After the bench was told by a state government lawyer that standard operating procedures (SOPs) had been issued under the Noise Pollution (Regulation and Control) rules, the court asked the government to inform of the source of the power to impose such a “drastic”. condition” and requested an affidavit in response before the next hearing.

A divisional bench consisting of Chief Justice Dipankar Datta and Justice Makarand heard the plea which also requested guidelines and regulations, under which the use of public address systems will be permitted. On Tuesday, the bench had asked lawyer Madhavi Ayyappan for the petitioner to inform them of the reasons why the grievances could not be raised before the National Green Tribunal (NGT).

The petitioner said that at least 27,000 people are part of the industry and their livelihood depends on this activity, and if there is a breach the police can take action against them, but why the to forbid. The petitioner also stated that the state’s claim that DJ is increasing the noise level is complete nonsense.

However, on Wednesday, the bench learned of the SOPs issued by the Maharashtra Pollution Control Board (MPCB) which stipulated a ban on using the DJ system and decided to hear the plea and decide for themselves.

CJ Datta orally asked the state, “How can you impose a total ban? How can you go beyond noise pollution rules? Shouldn’t you wait for a complaint first, check the same, then arrest the individual instead of a blanket ban? »

Attorney Akshay Shinde, representing the state government, said the SOP was issued pursuant to Rule 5 of the Noise Pollution Control Rules, and all such details will be included in the responding affidavit which will be tabled by the government.

He said that in September 2018, another High Court bench refused to grant interim relief to the applicants, after which the case was released for a final hearing, in which Solicitor General Ashutosh Kumbhakoni requested time to file an answer to the plea.

The HC will hear the plea on August 2.