Ganeshotsav 2024: NGT issues directions to curb noise pollution in Pune

The National Green Tribunal (NGT) at Pune has issued a slew of directions to implement adequate noise control measures during the upcoming Ganeshotsav in the city. [Dr Kalyani Mandke v. The State of Maharashtra and Ors].A coram of judicial member Justice Dinesh Kumar Singh and technical member Dr Vijay Kulkarni passed the directions upon noting that the Bombay High Court's directions on noise pollution control had not been fully complied with till date..The Tribunal was hearing an application by audiologist Dr Kalyani Mandke requesting the implementation of the Central Pollution Control Board (CPCB) compensation regime, restrictions on granting loudspeaker permissions, and revocation of permits for violators of the Noise Pollution (Regulation and Control) Rules, 2000. The application also sought the cancellation of temporary licenses for pandals found in violation of noise regulations and urged the Maharashtra Pollution Control Board (MPCB) to release noise monitoring data from 2021 to 2023..The application contended that decibel limits are routinely violated by private loudspeaker systems during the festival in Pune, with authorities failing to enforce noise regulations.It further cited a study by the College of Engineering, Pune (COEP), which recorded an average sound level of 105.2 decibels on the final day of the 2023 festival, exceeding permissible limits across the city.Furthermore, the application underlined that despite Bombay High Court's 2016 ruling in Dr. Mahesh Vijay Bedekar v. State of Maharashtra, grant of permissions for such loudspeakers continues unchecked, causing harm to residents.Accordingly, it urged adherence to the precautionary principle and called for a protocol to regulate noise pollution..The Tribunal noted that MPCB's response to the application showed only the procedure which is meant to be adopted when the Noise Pollution Rules are violated. "Not even details have been given therein as to how many cases have been registered at their end and how many out of them have been proceeded with. For want of these statistics we cannot appreciate any concrete measures to have been taken by respondent No.3-MPCB to comply the Noise Rules, 2000," it added. Hence, the Tribunal determined that the reply by MPCB was inadequate..Noting the applicant's submission that none of the directions issued by Bombay High Court in Dr. Mahesh Vijay Bedekar v. State of Maharashtra had been fully complied with till date, the Tribunal issued the following separate directions on a case-specific basis:.The MPCB must conduct real-time noise monitoring at a minimum of three locations near each Ganapati Pandal. Noise levels from the previous day, in both numerical and graphical form, along with applicable noise limits, must be prominently displayed at two visible locations in each pandal, along with the Ganesh Mandal’s name. The display should include a warning: "Noise Levels Above Limits Are Injurious to Health." MPCB will bear the costs of monitoring and display arrangements.During Visarjan processions, MPCB will conduct real-time noise monitoring at major traffic junctions in consultation with the Police Department. Digital displays will show real-time noise levels along with applicable limits and a warning: "Noise Levels Above Limits Are Injurious to Health." MPCB will cover the costs of monitoring and display arrangements.The Police, in consultation with MPCB, will determine the total loudspeaker capacity (e.g., max 100W) for each Ganesh Mandal based on proximity to schools, hospitals, and residential areas. Mandals must declare the number and capacity of speakers within the permitted limit when seeking permission. The Police and MPCB may relax the capacity limit based on the location and size of the Pandal.Police department will ensure that the total number of Dhol+Tasha+Zanj members in each troupe during Visarjan procession shall not exceed 30 in number. In the case of violation, Police will seize loudspeakers/sound system/Dhol/Tasha/Zanj units.Police Department will notify that use of Toll (metallic high noise making unit) & DJ in Visarjan procession is prohibited. In the case of violation, Police will proceed in accordance with law against the defaulters.In the case of violation of Noise Rules, Police shall set criminal law into motion.Within seven days of Visarjan day, MPCB shall publish the names of the violators of Noise Rules, 2000, in two local newspapers and also shall upload details of such cases on its website to ensure that such information is accessible to public use for 90 days.MPCB should widely publicize these directions and the harmful effects of high noise levels before the upcoming Ganesh festival in Pune through newspapers, banners, and posters to ensure compliance and prevent claims of ignorance..Advocate Maitreya Prithwiraj Ghorpade appeared for the applicant.The District Collectorate of Pune was represented by Advocate Swati Vaidya-Pandit.MPCB was represented by Advocate Manasi Joshi..[Read Order]