The Nagpur Bench of the Bombay High Court has ordered strict action against the use of DJs, sound systems and firecrackers on public roads during festivals and celebrations. The Court made it clear that the police cannot remain silent when noise pollution rules are violated. Action must be taken against organising committees, DJ operators and others responsible for violations. The Court also made it clear that the directions apply to construction activities carried out after 10 pm. A Division Bench of Justice G S Kulkarni and Justice Dr Neela Gokhale at the Principal Bench of the Bombay High Court had issued directions in a suo motu Public Interest Litigation concerning noise pollution on public roads and during festivals.

 

The directions were also referred to during proceedings before the Nagpur Bench on Wednesday. The High Court has directed the police to strictly enforce the restrictions on public roads during festivals. Firecrackers cannot be burst on public roads, narrow lanes or thoroughfares. The use of high-intensity laser lights and beam lights during processions has also been prohibited. The Court took serious note of the impact of excessive noise on citizens. During the proceedings, an incident in which a boy reportedly suffered hearing loss due to the high volume of a DJ system was referred to. The Court observed that citizens also have a social responsibility to prevent noise and air pollution. At the same time, the police have been directed to ensure that the rules are properly implemented. The Court orally observed that the concerned Police Commissioner, Assistant Commissioner of Police and junior police officers could be held responsible if violations take place despite the directions.

 

The police have therefore been told to take action against those violating the rules instead of allowing such activities to continue. The Court also cautioned against creating confusion or complications in implementing the directions. Construction work after 10 pm: The issue of construction work continuing late at night in Nagpur was also brought before the Court. Residents of Bajiprabhu Nagar and Ram Nagar areas have complained about construction activity continuing beyond 10 pm. Heavy machinery, including drilling machines, concrete mixers and cutters, is allegedly being operated during prohibited hours. Advocate Atharva Khadse, a resident of the area, has filed an intervention application in the matter. The application alleges that construction work being carried out by Prafulved Infra Private Limited continues beyond the permitted hours.

 

The residents have alleged that the activity violates the Noise Pollution (Regulation and Control) Rules, 2000 and causes serious disturbance at night. According to the application, residents are unable to sleep because of the continuous noise from construction machinery. It has also raised concerns over the impact of such noise on their health and their right to live in a peaceful environment. The residents have further alleged that when complaints are made to the police, they are asked to contact the 112 emergency helpline. However, they claim that effective action is not taken even after complaints are registered. The High Court’s directions make it clear that the restrictions on noise pollution are not limited to festivals and public celebrations. Construction activities generating excessive noise beyond permitted hours will also have to comply with the rules. Advocate Anand Purchure appeared for the intervenor, while Advocates Ashutosh Dharmadhikari and Tushar Mandlekar represented the petitioners. Advocate Abdul Subhan appeared as Amicus Curiae.