Directions given to theatre owner to take measures to control noise level

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