Noise pollution and suing

Querist : Anonymous (Querist) 24 November 2011 This query is : Resolved
This is about an area in Mumbai where in a fully residential area there are illegal hutments etc which are very common ofcourse. Initially there used to be a mosque nearby which was reasonably loud and bearable. But now another Mosque+madrassah has come exactly opposite it. I find it amusing that now two mosques are doing there daily azaan 5 times a day sometimes together or one after the other. The volume has also increased considerably and since they are very close to residential complexes the noise has started to become unbearable especially between 5 - 6 am. Also randomly they use the loudspeakers for speeches and something other than azaan etc.

I checked the laws of our country and realised the following

1. Loudspeakers require police permission. I am sure both mosques dont have this.

2. Between 10 to 6 according to a supreme court order use of loudspeakers is not allowed

3. Sound needs to be kept under 50-60 based on distance from source.

It is quite clear both mosques and madrassah are illegal constructions as well as breaking noise pollution laws of this country.

This has been going on for over 3 months and no one has the courage to do anything about it obviously due to perceived violent nature of this loudspeaker using community But I have had enough and am prepared to take the risk to take on this people. But I want to do this legally and also want to know whether I can sue the Police department, Muncipal Corporation and State government for the harm caused by this. Others might join me eventually including many housing societies. I also am willing to make a case against the nearby residential buildings who sometimes use the loudspeaker for their Hindu festivals.

I want advice from the law community on this and I will be looking for a good young lawyer (Infact it will be better he is muslim so that it proves that this is a noise pollution issue and not religious issue) Please contact me if interested.

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Raj Kumar Makkad (Expert) 25 November 2011
I was of mind to reply your each and every query and even suggest you some citation but last lines of your query require only young and a muslim lawyer and coincidentally I do not qualify for your requirement.

Anyway, I can say that law is there, citations are there but deficiency is only courage and courageous persons who may come forward to get implemented law. You have come forward and intend to intensify your agitation by way of legal machinery so your efforts are most welcome.

prabhakar singh (Expert) 26 November 2011
I am also in a similar situation as is makkad.

Devajyoti Barman (Expert) 26 November 2011
Yes I agree too.

Sailesh Kumar Shah (Expert) 27 November 2011
Also query not for me.

Querist : Anonymous (Querist) 28 November 2011
Thank you all for the reply. It was just a suggestion that an intelligent progressive Muslim lawyer would make the case extremely genuine and send out a message that the law is given equal respect by all communities in India. If we do not want India to turn into another Pakistan, the progressive muslims will have to tell us on which side they stand and guide their community into the right direction.

But other than that if you are a lawyer preferably in Mumbai (references can also be given) that is really enough. I want details about all the possible cases that can be made. Not only against the poor muslim communities that randomly build mosques installing loudspeaker or hindu majority societies who sometimes use loudspeakers after 10 pm and dont maintain the sound limit prescribed by the Supreme court.

My main interest is whether there is a bigger case that can built for the whole of Mumbai as such where we can sue the BMC, State govt etc for multiple reasons. I am looking at causing substantial financial damage to these institutions for not following the law. e.g.

1. Not following supreme court diktat.
2. Causing harm to people by allowing noise pollution especially even at 5-6 am.
3. Illegal construction specially allowed for certain community which means secular principles not allowed.

etc.etc.

I believe talking to some politician one could partially reduce sound etc. But Im interested in legal opinion on making a larger case including on the two mosque-madrassah.

I will try to get all the local societies involved if needed. But this is the direction I need from you experts.

Thank you for your interest.

Querist : Anonymous (Querist) 28 November 2011
My id here is Desiguru.

Noise pollution and suing

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