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MUMBAI: Seventeen years after Noise Pollution Rules came into force, the Centre last week made changes to the law, putting a question mark over the fate of silence zones across the country.

The matter came to light on Wednesday when the Maharashtra government informed the Bombay high court that noise pollution rules of 2000 under the Environment Protection Act stand amended in respect of silence zones. The state's advocate general, Ashutosh Kumbhakoni, told a bench of Justice Abhay Oka and Justice Riyaz Chagla that "unless the state notifies an area as a silence zone , it may not be possible to consider that area a silence zone".

The development deals a body blow to efforts of citizens who have been campaigning against noise pollution for the past two decades. And it comes weeks ahead of the festival season when religious celebrations are held all over the country. The status of the over 1,500 silence zones declared by the BMC in Mumbai, for instance, and areas that fall within 100 metres of educational institutions, hospitals, religious places and courts would now have to be considered afresh by state governments.

The advocate general submitted the government's affidavit with a copy of the August 10 notification issued by the ministry of environment, forests and climate change in the official gazette whereby Noise Pollution Rules of 2000 stand "substantially amended".

"As per the amended rules, any area/zone cannot be considered as a silence area/zone until and unless a specific declaration to that effect is made or issued by the state government," stated the affidavit filed by Archana Shirke, under-secretary, Maharashtra's environment department.

It further stated that since Noise Pollution (Regulation and Control) Amendment Rules 2017 have come into force with effect from August 10, "the state government has not, so far, declared any area as a silent zone/area".

The Centre's decision has come to light at a time when the court was examining the state's compliance to its exhaustive directions issued on August 2016 on a clutch of public interest litigation regarding noise. There was a debate on whether there is a need for the state government to declare any particular area as a silence area or a zone for the purpose of noise pollution rules. The court had held that noise pollution rules automatically define areas not less than 100 metres around all hospitals, educational institutions, religious places and courts as silence zones and that no specific declaration to that effect is necessary. The Supreme Court has also upheld the high court judgment.

The state's affidavit informed that in view of the amendment "an area comprising not less than 100 metres around all hospitals, educational institutions, religious places and courts as defined in/by the rules cannot constitute 'a silence zone' unless and until specific declaration to that effect is made/issued by the state government as contemplated under the said rules."

The bench has now asked one of the petitioners, Awaaz Foundation , to address the court on the amendment "in the context of the directions issued by this court" on August 22. In their order, the judges made it clear that all directions issued under the final judgment and order of the court of August 2016 not affected by the new amendment of 2017 will continue to apply.

Considering the ensuing Ganeshotsav and Navratri festivals , the judges have directed the state to file an affidavit reporting compliance of its various directions on granting permission for pandals and loudspeakers. The urban development department is directed to ascertain if municipal corporations have granted permission for putting up pandals in breach of its direction. "If it affects traffic, it can't be permitted," said Justice Oka. The judges want action taken by revenue officers to ascertain if permissions are proper to be placed on record.

The bench reminded that it is a year since the final judgment and warned than "any breach of directions of the court by anyone will be viewed seriously." When told that Awaaz Foundation had recorded a noise level of 113 decibels at a dahi handi celebration opposite the Bandra police station, the judges said they will consider the issue of contempt notices, if necessary, at the next hearing.

