AWAAZ FOUNDATION Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This group of PILs except PIL St.No.24110 of 2017 was disposed of by a Judgment and Order dated 10,11,12 and 16th Aug. 2016.

(2.) It is undisputed that as per the Administrative Order passed by the Honourable the Chief Justice on 18th Nov. 2016, these disposed of petitions were ordered to be placed for considering compliance before a Division Bench of which one of us (A.S.Oka,J.) is a member. Thereafter, from time to time, orders have been passed dealing with the issue of compliance. These petitions were listed on 22nd Aug. 2017 for considering compliance. On that day, an affidavit was filed by the State Government of Smt.Archana Shirke, Under Secretary of the Environment Department placing on record the notification dated 10th Aug. 2017. On the basis of the said notification and on the basis of the statements made in the affidavit of Smt. Shirke, on 22nd Aug. 2017, a contention was raised by the learned Advocate General on behalf of the State Government that a particular declaration granted under the final Judgment and the directions issued on the basis of the said declaration regarding silence zone under the Noise Pollution (Regulation and Control), Rules 2000 has been rendered inoperative and therefore, need not be complied with. The said declaration is in clause (xii) of paragraph 93 of the final Judgment which reads thus:

(3.) As can be seen from the Judgment, the contention of the State Government was that unless a particular area is specifically declared as a silence zone, the same cannot be termed as a silence zone. It cannot be disputed that SLP (Civil) was preferred by the State Government before the Apex Court challenging the final Judgment and Order. One of the grounds of challenge was that the view taken by this Court that an area falling within the distance of 100 meters from precincts of educational institutions, hospitals, religious places and Courts constitute a silence zone within the meaning of the said Rules though there is no specific declaration made by the State Government. It is also not in dispute that the said SLP has been summarily dismissed on 17th Feb. 2017 by the Apex Court.