Mumbai: The mosque at Thakur Village in Kandivali East, which has been at the centre of a controversy for violating noise pollution norms in a silence zone, on Monday claimed before the Bombay high court that the area is no more a silence zone as the nearby hospital has been moved to a location beyond the stipulated distance.
The mosque approached the HC seeking to be added as a party to the petition filed by an advocate, Reena Richard, living in the mosque’s vicinity. The advocate claimed that the mosque was using loudspeakers in the early morning and violating the noise norms. The petition also alleged that the local police were not implementing noise pollution guidelines issued by the HC in 2017.
After hearing the mosque, the HC permitted it to be added as a party and directed it to comply with the procedure for using loudspeakers and posted the hearing to June 13.
The division bench of chief justice R D Dhanuka and justice G S Kulkarni while hearing the petition was informed by advocate Rizwan Merchant that the trust which looks after the activities of the mosque sought to be heard in the petition after orders were passed during a previous hearing.
Merchant informed the bench that the area was not a silent zone anymore as the hospital had been shifted, and a school in the area was also beyond the silent zone limits. Hence, the mosque was not in a silent zone anymore, Merchant added. Additional public prosecutor Jayesh Yagnik confirmed the development.
In the previous hearing, the HC had rapped the Mumbai police DCP of zone XII for not taking cognizance of the complaints of the petitioner and had also sought a report from Samta Nagar Police Station. Though the HC had posted the hearing to June 12, Richard filed an interim application stating that the violations continued even after the petition was filed. The HC had directed the police to file a reply by May 29.
On Monday, after the police submitted a report, which stated that the loudspeakers were not being used, Richard showed a video clip refuting the police claim.
Thereafter, the trust sought permission from the HC to be impleaded in the petition as they had a right to be heard, which was allowed. “Marshall has recorded that the loudspeaker is not being played. Let them file their reply. They are entitled to reply. The court would consider your and their contention. We are directing you to implead the trust,” the court directed Richard.
The bench then directed the police and the trust to file their respective replies to the petition by June 9 and posted a hearing to June 13.