Supreme Court Stays NGT Order Restricting Number Of Members In Dhol-Tasha-Zanj Troupes For Ganpati Visarjan In Pune
The Supreme Court today (September 12) stayed the direction issued by the National Green Tribunal (Western Zone) Bench that the total number of Dhol+Tasha+Zanj members in each troupe during the Ganpati Visarjan Procession in Pune shall not exceed 30 in number.
The bench led by CJI DY Chandrachud comprising Justices JB Pardiwala and Manoj Misra passed the interim order while issuing notice on an appeal filed against the NGT direction.
"Let them do their dhol tasha, it's in the heart of Pune!", CJI orally said.
The bench heard the appeal at 2 PM today after an urgent mentioning was made by the appellant this morning saying that the matter required early. hearing since the visarjan is scheduled to happen on September 17.
Advocate Amit Pai, representing the appellant, said that Ganesh festival has a deep cultural significance for Pune. He added that the appellants are not aggrieved by the other directions issued by the NGT for controlling noise pollution during the Ganesh Chaturthi celebrations.
The NGT had directed to restrict the total number of Dhol-Tasha-Zanj Groups to only 30 per group along with real time monitoring of noise pollution around each Ganesh pandal and initiating criminal proceedings against the violators.
Directions By The NGT
The NGT bench of Justice Dinesh Kumar Singh and expert member Dr Vijay Kulkarni in its order dated August 30 issued the following directions : (1) MPCB (Maharashtra Pollution Control Board) to carry out real time noise monitoring at minimum 3 locations in/near each Ganapati Pendal; (2)During Visarjan processions MPCB shall carry out real time noise monitoring at major traffic junctions in consultation with Police Department, along with installing appropriately sized digital display system to reflect real time noise pollutions; (3) Police department in consultation with MPCB shall decide Total Capacity of loud speakers (say maximum 100 W) allowed in the case of each Ganesh Mandal based on location, considering nearness to school/hospital/residential complexes;
(4) Police department to ensure that the total number of Dhol+Tasha+Zanj members in each troupe during Visarjan Procession shall not exceed 30 in number; (5) In the case of violation of above directions, Police shall seize; (6) Police to notify that use of Toll (metallic high noise making unit) & DJ in Visarjan procession is prohibited. In the case of violation, Police shall proceed in accordance with law against the defaulter/s;
(7) In instances of violation of Noise Rules, Police shall set criminal law into motion; (8) Within seven days of Visarjan day, MPCB shall publish the names of the violators of Noise Rules, 2000, in two local newspapers and also shall upload details of such cases on its website to ensure that such information is accessible to public use for 90 days; (9) MPCB to give wide publicity to the above directions in advance before the Ganesh festival in Pune's newspapers/banners/posters.