Govt. Authorities don’t hear Noise Pollution in Mira Road

Govt. Authorities don’t hear Noise Pollution in Mira Road

RTI Activist Brijesh Sharma holds 12 reminders in 2yrs but no action is taken, Govt., Police and Civil authorities went Deaf & Dumb on several complaints against Mira Road’s BJP MLA run 7-11 Academy for creating Noise Pollution and voilatng Noise Pollution Act 2000, here is the full text of the case:

Reminder-12 ::: Complaint under section 154 of the Cr.P.C. with a request to lodge a FIR, without delay on Seven Square Academy School under Noise Pollution Act 2000
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Brijesh Sharma
7:10 PM (22 hours ago)
to sp.thane.r, addlsp.thane.r, navghar.tr, navgharpstn, sdpomiraroad.tr, ig.konkanrange, dgpms.mumbai, Tahsildar, Thane, Chief, Chief, sec.ud2, sukhdev, Amol, Dhiraj, suvarnarohit730, DJ, Raju, pradeep, samantpramod, Krishna, me, AAP, Pramod, Pramod
Reminder-12

20.06.2018

To,

Shree Dr. Mahesh Patil

Superintendent of police, Thane Rural,

Near Kalwa Bridge, Thane (West) – 400 601

Email :– sp.thane.r@mahapolice.gov.in; addlsp.thane.r@mahapolice.gov.in; navghar.tr@mahapolice.gov.in; navgharpstn@gmail.com; sdpomiraroad.tr@mahapolice.gov.in; ig.konkanrange@mahapolice.gov.in; dgpms.mumbai@mahapolice.gov.in

Subject :– Complaint under section 154 of the Cr.P.C. with a request to lodge a FIR, without delay on Seven Square Academy School under Noise Pollution Act 2000

Reference :– Reminder-1 Email Dated 13-April-2016
Reminder-2 Email Dated 19-April-2016
Reminder-3 Email Dated 22-April-2016
Reminder-4 Email Dated 18-July-2016
Reminder-5 Email Dated 30-January-2017
Reminder-6 Email Dated 01-February-2017
Reminder-6 Email Dated 03-February-2017
Reminder-7 Email Dated 04-February-2017
Reminder-8 Email Dated 06-February-2017
Reminder-9 Email Dated 06-October-2017
Reminder-10 Email Dated 20-November-2017
Reminder-11 Email Dated 16-April-2018

Dear Mahesh Patil, SP of Thane Rural,

I wish to express my anger at you and your subordinates in Mira Bhayandar Police Station who are failed to register FIR in cognizable offence on multiple reminder emails.

Under the Noise Pollution (Regulation and Control) Rules, 2000, there is a ban on the use of loudspeakers without police permission and that there can be no use of loudspeakers between 10 PM to 6 AM. Therefore, the use of loudspeakers without permission during day time, and between 10PM to 6AM in the night time even with permission, violates this rule.

Despite the clear-cut provisions of this rule, “SEVEN SQUARE ACADEMY SCHOOL, P.K. Road, Opposite Seven Eleven Hospital, Mira Bhayandar Road, Thane – 401105” is using loudspeakers, not only without permission, but also at morning daily @6:30am to 7:30am. This is a blatant violation of law.

Hon’ble Bombay High Court has already declared hospitals, educational institutions falls under silence zone in PIL 173/2010. However Deepak Hospital (90 meter), Tanwar Hospital (40 meter) & Seven Eleven Hospital’s are within 100 meter distance from School.

I have myself witnessed this blatant violation of law. There are many other persons who are witness to these infringements.

I had logged multiple complaint on AAPLI SARKAR PORTAL, Token ID: Dist/PLTH/2016/349 & Dist/PLTH/2016/377 since 2016 to till date.

In view of the facts stated above the following offences have been committed:

Violation of Rule 5 and 6 of the Noise Pollution (Regulation and Control) Rules, 2000 read with section 15 of the Environment Protection Act, 1986. Since the violation of a Rule issued under the Environment Protection Act has been made punishable under section 12 of the Environment Protection Act, 1986, and that the Noise Pollution (Regulation and Control) Rules 2000 have been made under the said Act, therefore, an offence under this statutory Act has been committed. It is further submitted that the punishment provided under section 15 of the Environment Protection Act is 5 years of imprisonment. Under Schedule I (II) of the Code of Criminal Procedure, in a law, other than the Indian Penal Code, if the punishment provided is three years or more, it gets classified as a non-bailable and a cognizable offence, that being so, action accordingly may be taken.

Under section 268 of the Indian Penal Code under the definition contained therein, if due to a violation of any law an annoyance to public is caused it then gets classified as a public nuisance. That being so the specifics of the criminal acts specified herein, constitute an offence under section 290 of the IPC.

Since loudspeakers permission is issued under section 38 and any contravention to the conditions therein is an offence under section 136 of the Bombay Police Act. Use of loudspeaker without permission is also an offence under section 136 of the Bombay Police Act.

Requests for the reasons cited in the foregoing in general, and more particularly in (A), (B), and (C) above, the offences committed by the accused principal and persons of Seven Square Academy School’s are cognizable and non bailable.

As such, offences under section 15 of the Environment Protection Act, 1986 r/w Rule 5 and 6 of the Noise Pollution (Regulation and Control) Rules, 2000, and section 290 IPC, and section 38, 136 of the Bombay Police Act, may be registered at once and the FIR filed accordingly.

Hereby make the above complaint under section 154 of the Cr.P.C. with a request to lodge a FIR, without delay.

Hope you treat this matter with the seriousness and urgency it deserves. Kindly inform me of the action taken on my complaints.

cc: The Hon’ble Collector, Thane, The SDO, Thane and The Tahsildar, Thane :
For necessary action as you already have copies our earlier complaint letters

cc: The Divisional Commissioner, Konkan :
For necessary action as you already have copies our earlier complaint letters
cc: Mr D K Jain, Chief Secretary, Government of Maharashtra
For necessary action as you already have copies our earlier complaint letters

cc: Mrs Manisha Patankar
For necessary action as you already have copies our earlier complaint letters

JAI HIND

[Brijesh Sharma]
[RTI Activists & Member of AAM AADAMI PARTY]

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