The Supreme Court today stayed the Bombay High Court order banning the use of loudspeakers in the state.

The union government through the ministry of environment and forest as well as the Maharashtra government had moved the apex court for an urgent hearing on the case before Tuesday's big visarjan day. Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud issued notice to the social activists on a plea of state government and stayed the September 1 order of the Bombay High Court.

Both the union and the state government told the bench that loudspeakers are an integral part of the festivities during Ganpati visarjan and thus, its usage should be allowed. Activists like Sumaira Abdulali, who had travelled to Delhi to oppose the petition, requested the court to not stay the order however, the bench agreed with the government agencies on the importance of loudspeakers on the last day of the festival.

A full bench of the High Court, had on September 1, ordered an interim stay on the enforcement of Noise Pollution (Regulation and Control) rules, amended by the Union government in August, that led to the elimination of 1,573 notified 'silence zones' in Mumbai ahead of festive season.

Maharashtra government officials said, "Now there will be no hurdle during Ganpati visarjan on Tuesday".

Justice AS Oka, Anoop V Mohta and Riyaz Chagla had last week held that the amendment was prima facie "unconstitutional" and violated the right to life guaranteed by Article 21 of the Constitution. Union government had argued that it was not against silence zones but now the power to determine whether an area is a silence zone or not was left to state governments. Since August 10, when this amendment was brought about, no area has been notified as silence zone in Maharashtra.

Earlier, the Bombay High Court had said that any area falling within 100 metres of educational institutions, hospitals, courts or religious places were deemed to be silence zones. This meant that more than 75 per cent of Mumbai had become silence zone and that is why they had to prod the centre to make the amendments in the noise rules.

Activists, who had been working in the field of noise pollution and who had petitioned the high court against the amendment, have now decided to file a proper affidavit against the Government of India in the case and will hope that the silence zones are restored as earlier.

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