Wed. Sep 23rd, 2020

Theatre owner directed to take measures to control noise level

2 min read

National Green Tribunal (NGT): While coming down heavily upon Osmanabad Municipal Council for
failing to declare silence zone in the city, NGT observed that the said act of
Municipal Council tantamount to non-compliance of the orders of Bombay High
Court. Earlier, Govt. Resolution has been issued in order to comply with the
orders of High Court of Bombay directing that all the Municipal Corporations
and local bodies must declare silence zone within limits of the city, but there
was no compliance of the direction by Osmanabad Municipal Council. The Tribunal
was hearing an application filed by a person who alleged that a theatre
situated in a residential colony of Osmanabad, which was surrounded by a
hospital and a residential and commercial complex, increased the volume of its
sound system when playing “item numbers” to pull in more crowd. On the basis of
“precautionary principle”, NGT directed the theatre owner to install automatic
sound amplifier system of Nob at 7 in the indicator, instead of manual system,
to keep noise level low. NGT further noted that if the theatre failed to comply
with the direction within the next two months, it will be held liable to pay
penalty at the rate of Rs. 1,000 per day. The theatre was also asked to erect a
rubber cladding of 9 to 10 feet in height on the western side (towards the
residential colony) to ensure a proper acoustic system to preferably
enclose/encase the noise sources, so that sound does not propagate outside
excessively. [Bharat Shamrao
Gajendragadkar v. Shri Theatre, 2015
SCC OnLine NGT 168, decided on 22-7-2015]
Source: Legal news India

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