The Bombay High Court on Wednesday asked the Maharashtra government under which provision was a ban imposed on the use of sound systems and disco jockey (DJ) systems.
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A Division Bench of Chief Justice Dipankar Datta and Justice MS Karnik was hearing a petition filed by the Professional Audio and Lighting Association that has 1,400 members who are owners of sound and light rental agencies all over Maharashtra and employees associated with sound systems.
They have challenged the circular issued by the Home Ministry and the directions of the police imposing a blanket ban on the use of DJs and Dolby sound systems through advocate Madhavi Ayyappan.
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The court asked, “How can a total ban be imposed? How can you go beyond the Noise Pollution Rules? Shouldn’t you first wait for a complaint, verify the same and then stop the individual instead of a blanket ban?”
Advocate Akshay Shinde appearing for the State said the ban was imposed as per the standard operating procedure under the Noise Pollution Control Rules.
The court then said, “The State should inform us about the source of power for imposing such drastic conditions.”
When Advocate General Ashutosh Kumbhakoni sought time to file a reply, the court granted the same and adjourned the matter to August 2.
In September 2018, Mr. Kumbhakoni had told the court that in the year 2017, 75% of noise pollution violations were committed by DJs and Dolby sound systems during festivals. He had explained that as soon as a DJ starts playing or a Dolby system is switched on, the noise level crosses 100 decibels. The maximum permissible limit under the Noise Pollution Rules is between 50 and 75 decibels during the day and between 40 and 70 decibels at night, he stated.