Tuesday, October 03, 2017
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Noise rules: HC stays changes, restores prior position |
Correspondent
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Mumbai: The Bombay High Court on Friday ordered an interim stay on the enforcement of Noise Pollution (Regulation and Control) rules, amended by the Centre recently, which resulted in eliminating 1,573 notified silence zones ahead of the festival season. A Full Bench of Justices Anoop V. Mohta, A.S. Oka and Riyaz Chagla held that the amendment was prima facie “unconstitutional” and violated the right to life guaranteed by Article 21 of the Constitution , As Reported By Hindu.
According to the Newspaper,The stay order restores the “position prior to August 10 notification (amending the rules)”, the Bench said. Earlier, hearing in the matter earlier before a Division Bench headed by Justice Oka had led to a confrontation, with the State government alleging that he was ‘biased’. The matter was eventually placed before a Full Bench, and the government tendered an apology to Justice Oka. On August 10, the Centre had issued a notification amending the rules, making State governments responsible for specifically notifying silence zones in their jurisdiction. The Maharashtra government, however, decided against immediately notifying existing silence zones afresh, in effect doing away with noise restrictions near schools, hospitals, courts and religious shrines. Activists challenged the amendment in the HC through PILs, alleging that it violated constitutional rights, and was an “appeasement move” ahead of Ganeshotsav and DahiHandi celebrations, when the use of loudspeakers is widespread.
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SOURCE
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https://www.nyoooz.com/news/mumbai/908762/noise-rules-hc-stays-changes-restores-prior-position/ |
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