Hon’ble Deputy Chief Minister Shri R R Patil,
Mantralaya,
Mumbai.
Mr D K Sankaran,
Chief Secretary,
Government of Maharashtra,
Mantralaya,
Mumbai.
Hon’ble Deputy Chief Minister Shri R R Patil and Mr
D K Sankaran,
Subject: 1.Noise levels recorded in Mumbai and Pune during the Ganpati Festival
2. Noise levels of firecrackers tested on 9th September 2006
We have recorded noise levels in Mumbai and Pune during the Ganpati Festival 2006. It was recorded that, while time limits for loudspeaker use were observed for the most part in Mumbai, in Pune loudspeaker use continued until past the time deadlines and even beyond 6am the next day. In both Mumbai and Pune, loudspeakers were used in Silence Zone areas (where they would be banned even during the day time) and firecrackers such as chain crackers and atom bombs continued to be used beyond the time limits.
We enclose a copy of the detailed report taken during the Ganpati Festival.
We have also tested decibel levels of firecrackers available on 9th September, jointly with the
Maharashtra Pollution Control Board. It was found that firecrackers which violate almost all the norms specified by the Supreme Court Order dated 18th July 2005 are freely available in the marketplace in Mumbai. Chemical content of firecrackers is not disclosed on any of the boxes. Almost all the crackers (excluding 2 varieties) exceeded 90dB, and several violated the maximum permissible levels permitted for manufacture, distribution or use including some varieties of ‘light based’ crackers.
A detailed report of the test on firecrackers is enclosed.
We are concerned about the remaining days of the festival season . The Notification under which relaxation of time upto midnight is granted allows loudspeakers to be used till midnight in a manner to reduce noise pollution. It does not grant any relaxation of maximum permissible zone wise decibel levels, either before or after 10pm. The maximum permissible limit between 10.00 pm and 6.00 am is 40dB in a Silence Zone and 45dB in a Residential Zone. The Notification does not apply to firecrackers or any musical instruments but is specific to loudspeakers only. The ambient noise levels specified under the EP Act cannot be met when the use of firecrackers or loudspeakers is permitted in Silence or Residential
Zones at any time. The position that use of loudspeakers in Silence Zones is not permitted is
specifically clarified by the Supreme Court in it’s Order dated 28th October 2005.
We intend to monitor decibel levels during the festival season and particularly during the time
between 10pm and 12 midnight on the days when loudspeakers would be permitted at specific locations by the Police, who are the licensing authority for loudspeaker use, but where firecrackers would be banned.
We draw to your attention that, in case there are violations of statutory decibel limits due to
permissions given by any authority, the Government and the concerned authority empowered to implement the Noise Rules would be responsible for such violations. We request you to ensure, particularly while granting permissions during the period upto midnight that the
decibel level restrictions imposed by the Noise Rules are strictly monitored, that loudspeakers are switched off strictly at 12.00 midnight and that no firecrackers are permitted.
We also request you to ensure that firecrackers or loudspeakers are not used in Silence Zone areas at any time and that firecrackers which do not specify their chemical content or which exceed decibel limits permitted for manufacture in accordance with the Supreme Court Order dated 18th July 2005 are disallowed for sale.
Thank you and with regards,
Yours sincerely,
Sumaira Abdulali