Declare Shivaji Park a silence zone: court to civic body
Shivaji Park, a popular spot for political rallies and cultural events, could soon be a lot quieter with the Bombay High Court directing the state government and Brihanmumbai Municipal Corporation (BMC) to take steps and declare it a “silence zone”.
In an interim order given by a division bench of Justice FI Rebello and Justice Amjad Sayed on Wednesday, the court has also restrained the local police from providing a No Objection Certificate for the use of loudspeakers at night during functions at Shivaji Park.
The order came in response to a PIL filed by the city- based NGO Wecom trust and two citizens Ashok Ravat and Sharad Dixit. The petitioners had moved the court in 2009 seeking Shivaji Park and its vicinity to be declared as silence zones as per the Noise Pollution (Regulation and Control) Act, 2000.
The PIL stated since there were several educational institutes/ religious structures/ hospitals within the radius of 100 metres, Shivaji Park should be declared as silence zone. It further stated that although Shivaji Park has been declared a ‘Kridasthan’ (playground or open ground), it is very often given out for holding ‘non-sports’ activities like festivals, political rallies and on several occasions also for car parking. The Rules further state that loudspeakers can not be allowed in the silence zones. Besides, the noise level should not exceed 50 decibels during the day time and 45 decibels during the night.
However, Municipal commissioner Swadheen Kshatriya filed an affidavit stating that “considering the huge area of Shivaji Park every alternate building is having private primary nursery school. It is almost impracticable to declare areas with 100 metres around educational institutions and religious places as silence zones.”
“Nursery is not a school. It is a place where children come and play with toys,” the affidavit stated.
The court has, however, said that programmes can be held in Shivaji Park on Maharashtra Day, Republic Day and Ambedkar Jayanti on December 6, considering the importance of these events.
The state government also has the liberty to consider granting relaxation on days which could be of importance.
Leaders Speak on court order
Shivaji Park is not associated with any one political party. All big leaders have held massive rallies at this park even before the formation of the state. If there are any restrictions put on the use of the park, it will affect all the parties. We will analyse the exact verdict and then decide on challenging it.
Dy CM Chhagan Bhujbal
The government should file a new affidavit seeking exemption for use of the park during Shiv Jayanti, Dussehra rally and elections. The government should make a revised affidavit. If the government does not take the necessary steps, BJP is ready to go upto the Supreme Court.
Gopal Shetty, Mumbai BJP president& MLA Shiv Sena has been holding the Dussehra rally at Shivaji Park for over four decades; we will continue to do so. If Shivaji Park falls silent, the politics in the state will be silenced. The government should make a revised affidavit. If it doesn’t do so, Shiv Sena will take necessary measures before the court.
Sanjay Raut, Sena MP
We welcome the decision. It is a playground and should be used as a playground for recreational activities. We have seen the park used for other purposes throughout the year which should not happen. It should remain open for the public. Political parties can hold the rallies elsewhere.
Narendra Verma, NCP Mumbai chief
Narendra Verma, NCP Mumbai chief
This is a harsh decision. The open spaces used for conducting rallies and other events are diminishing in the city. Since the BMC charges low rent for the ground, it is used for all kinds of activities very frequently.
Raj thackeray, MNS chief
Raj thackeray, MNS chief
Officials from the Home department said the order would be difficult to implement in view of opposition from political parties. “The BMC polls are only a year away. Political parties will definitely create a ruckus if they are not allowed to hold rallies there,” said a bureaucrat.
URL: http://www.indianexpress.com/news/Declare-Shivaji-Park-a-silence-zone–court-to-civic-body/615637/