from:Sumaira Abdulali" <[EMAIL PROTECTED]> Hello to all,
The Additional Metropolitan Magistrate at Girgaon passed an order yesterday directing the Police to prosecute parties responsible for noise pollution during building construction. This is the first time that a prosecution for violation of Noise Rules has been authorized and creates an important precedent with wide implications to the implementation of the Noise Rules and their effectivity. This is specially so because the Order specifies that the builder as well as the Government authority (MHADA) who gave written permission to carry out an activity resulting in violation of the Rules should be prosecuted under the EPAct and the IPC. The EP Act carries a fine of Rs 1 lakh and a jail sentence upto 5 years and is cognizable and non bailable. Residents of Pimpalwadi, Girgaon had complained to the Police that building construction continued 24 hours a day, with the written permission of MHADA next to their residence and that they were suffering high noise levels continuously because of this. The Police claimed helplessness in curbing noise because of MHADA's permission. I checked this position and recorded noise levels at the location one evening at about 9.30pm after Kewal Semlani introduced me to the residents. I also wrote to the Commissioner of Police with the information. Kewal Semlani then advised the residents to approach YP Singh, who drafted a complaint which was filed with the Police. The noise levels reduced but did not stop. Thereafter, the residents approached the Magistrate's Court and filed a petition, again drafted by YP Singh and after several hearings the Order was passed yesterday. This is a great victory and a step towards the strict enforcement of Noise Rules and I would like to thank Kewal Semlani and YP Singh for making this possible. Regards, Sumaira. -- -------------------------------------------------------------------------------------------------------- Sumaira Abdulali is a greencrusader of Bombay Environmental Action Group. last year she was assaulted by sand mafia at Kihim ------------------------------------------------------------------------------------------------------ SAVAD RAHMAN subeditor,MADHYAMAM daily, pooppalam, perinthalmanna,kerala, india cell:(91)-9846085873
