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 osk                                                                           J-WP-4729-21.doc



3.4)          That, on 4th July 2020 written complaint signed by six citizens was

given to the Senior Inspector of Respondent Nos.4 & 5, with a request to register F.I.R. against the offenders for committing the offence of noise pollution by violating Noise Pollution Rules and other laws. However, no action is taken thereof. It is the contention of the Petitioners that, the Respondent Nos.2, 4 & 5 i.e. the Police Authorities, refused to entertain their complaints on the ground that, the said noise pollution caused by the use of loudspeakers cannot be stopped, as the loudspeakers are fitted in a 'masjid' i.e. a religious place and therefore police cannot stop the noise pollution, as it is a sensitive matter related to religion and advised the Petitioners to withdraw the complaint by expressing their inability to stop noise pollution. 3.5) It is the case of the Petitioners that, refusal by Police Authorities to stop the noise pollution emitted from the loudspeakers fitted in the said religious places is contrary to the Rules framed under the Noise Pollution Act. That, use of loudspeakers without permission from the concerned Authority is illegal. It is contended that, the use of loudspeakers and amplifiers five times daily for 365 days without permission from the concerned Authorities against all necessary and relevant Rules is illegal and objectionable. 3.6) That, the complaint of the Petitioners dated 30 th September 2020 to the Assistant Commissioner of Police, Nehru Nagar Division, with a request to take action against the violators for creating noise pollution by using loudspeakers without permission in high volume is not properly addressed.

4) Shri Hemrajsingh A. Rajput, Deputy Commissioner of Police, Zone-VI, Chembur, Mumbai, i.e. the Respondent No.2 herein, has filed Affidavits dated 8th February 2023 and 8th November 2023. In his Affidavits, the said Respondent has stated that, after receipt of complaint dated 4 th July 2020 addressed to the Senior Police Inspector(s) of Nehru Nagar Police Station osk J-WP-4729-21.doc and Chunabhatti Police Station, the police called the office bearers of respective masjids, wherein the said persons stated that, two loudspeakers which were installed on their mosques were removed and they maintained the volume of sound in appropriate level. Their detailed statements were recorded by the police. That, the Petitioners therefore posted a message on their "Twitter Account" addressing to the Twitter Account of Bombay Police as, "This loud noise is at 05.00 AM the one masjid near Kurla bus depot has been silenced. I suppose action has been taken these twits I request you Mumbai police to stop the loudspeaker in the kureshi nagar Kurla east". That, the Petitioners have thus appreciated the steps adopted by Mumbai Police. That, in the year 2021, after completion of lockdown, necessary instructions in respect of volume of loudspeakers were given to the office bearers of the concerned masjids. That, the office bearers of (1) Sunni Kabrasthan Masjid and (2) Jamait-Ul-Qureshi Masjid, which comes under the jurisdiction of Chunabhatti Police Station had asked for permission to use the speakers on their mosques and hence they were granted permission only for "Azaan" on certain terms and conditions regarding decibels and time limit etc. as per the Guidelines of the Hon'ble Apex Court. That, in the year 2022, the office bearers of (1) Bilali Masjid, (2) Noorani Masjid, (3) Raza Jama Masjid, (4) Sunni Raza Masjid, Railway Phatak, (5) Madersha Masjid Darool Hadis, which comes within the jurisdiction of Nehru Nagar Police Station had asked for permission to continue the speakers on their mosques. Hence, they were osk J-WP-4729-21.doc granted permission on the condition of keeping the sound level upto prescribed limits of decibels, as there is residential area in the vicinity. It is stated that, the said permission was given on step by step basis and was reviewed periodically as and when applied for the same. That, after receipt of complaint dated 30th September 2020 addressed to the Senior Inspector of Police, Chunabhatti Police Station, with a grievance of noise pollution caused due to use of loudspeakers at religious structures, the Police Authorities initiated action. The concerned Police Stations, i.e. Chunabhatti Police Station and Nehru Nagar Police Station, conducted various meetings of office bearers of the concerned masjids and apprised them about the permissible level of sound as per the Guidelines of the Hon'ble Apex Court, High Court as well as Noise Pollution Rules, 2000 under the Environment (Protection) Act and the concerned persons were apprised of the permissible level of the sound within the particular zones. That, with respect to the complaints made by Mr. Akshay Kulkarni, necessary steps to check the decibel level of loudspeakers on the said masjids was adopted by the police. The permission to continue with the speakers on the mosques within the jurisdiction of Nehru Nagar Police Station was granted on the condition of keeping the sound level upto prescribed limits of decibel, because the said masjids are within the vicinity of residential zone. The said permissions were granted as per the Guidelines of the High Court. In para No.16 of Affidavit dated 8 th February 2023 the Respondent No.2 has narrated various remedial measures for preventing noise pollution from the osk J-WP-4729-21.doc masjids within the jurisdiction of the said two Police Stations. 4.1) In his Affidavit dated 8th November 2023, the Respondent No.2 has elaborately stated the steps adopted for implementing all the directions issued by this Court in paragraph No. 94(iv) passed in PIL No. 173 of 2010. It is stated that, two Police Officers were appointed at the said two Police Stations to take cognizance of the noise pollution on the complaint(s) made by the Petitioners and/or other persons. That, with regard to the issue involved in the present Petition, noise pollution from the mosques within the jurisdiction of Chunabhatti and Nehru Nagar Police Stations, from the period of 2022-2023 till the date of affirming the said Affidavit, 92 times the spots near the masjids were verified by the special team with the help of decibel meter and the readings were accordingly recorded. It was revealed that, almost all the days the noise levels was within the prescribed levels and whenever it was revealed that, there was any violation as prescribed, the concerned Police Station has taken action by submitting proposal to the Maharashtra Pollution Control Board for lodging complaints and for taking cognizance by the concerned Court. That, on 8 th March 2023 it was found that the officials of Bilali mosque had caused noise pollution and accordingly upon a proposal to the Maharashtra Pollution Control Board, a complaint came to be filed before the learned Metropolitan Magistrate, 34 th Court, Vikhroli, Mumbai, bearing C.C. No. 34/SW/2023 and the trial Court has taken cognizance of it. To the said Affidavit, the Respondent No.2 has annexed a chart indicating the osk J-WP-4729-21.doc decibel level recorded by the police on various occasions to support the contentions that the decibel limit of noise within the periphery of the said masjids was within prescribed limits. The Respondent No.2 has annexed to the said Affidavit dated 8th November 2023, two reports dated 4 th January 2023 and 2nd November 2023 submitted by the concerned Police Officers reporting that, Sunni Raza Masjid and Madarsa within the jurisdiction of Nehru Nagar Police Station and Kabrasthan Masjid situated within the jurisdiction of Chunabhatti Police Station had caused sound pollution on the dates and time mentioned in the said reports.

16) Perusal of the Environment (Protection) Act, 1986 indicates that, there is no provision for lodgment of First Information Report and it is the reason Section 19 prescribes that, no Court shall take cognizance of any offence under this Act except on a complaint made by the Authorities mentioned therein. Section 15 of the Act provides for penalty or contravention of provisions of the said Act, Rules, Orders and directions issued under the said Act.

17) In view thereof, though the Petitioners have prayed for a direction for lodgment of a crime, in the absence of any provision specifying the same under the said Act and/or Rules, we are unable to accede to the request of the Petitioners. However, taking into consideration the vital issue involved in the osk J-WP-4729-21.doc present case, i.e. noise pollution caused on account of use of microphones and loudspeakers to recite 'Azaan' or other religious discourses in daily basis in the vicinity of the Petitioners and not following the directions issued by this Court in the case of Mahesh Vijay Bedekar (supra), we have entertained this Petition.

(1) Once a citizen of any locality raises a complaint with the Police against any religious structure or otherwise causing noise pollution, the Police will without seeking / verifying identification of the person complaining thereof and if has received identification shall not disclose the identity of the complainant to the offender and to adopt following steps :-