Bombay High Court Order- Sep 25, 2003

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JUIRISDICTION
 

NOTICE OF MOTION NO. 449 OF 2003
IN
WRIT PETITION (P.I.L) NO. 2053 OF 2003

Dr. Yeshwant Trimbak Oke  & ors.                                      …Petitioners

            VERSES

The Union of India & others                                                 …Respondents
 

Mr Mustafa Doctor with Mr. Shyam Divan, Mr Arif Doctor, Mr I.J.Nankani and Mr H S Khokhawala instructed by M/s Nankani & Associates for petitioners - in support
 

Mr R B Chavan for respondent No.1 - to show cause

Mrs Armin Kalyanram, Assistant Government Pleader,
for respondents 2 and 3 - to show cause

Mr. Gautambala Gautam for respondent No. 4 - to show cause
 
 

CORAM  : C.K.THAKKER. C.J.  &

                 ABHAY S. OKA. J.

DATED    : SEPTEMBER 25, 2003

            P.C.: 
  
1.        We have heard the learned counsel for the parties.

2.        We had issued certain directions by our order dated August 27, 2003 in Writ Petition.

3.        Our attention has also been invited to the relevant rules once again in view of certain actions taken by the respondent-authorities. In our opinion, it would be in the interest of justice if we issue following further directions:-

                    (1)    Pending hearing the final disposal of this petition, i.e., Writ Petition No. 2053 of  2003, no loudspeaker permission be granted in respect of "Silence Zone" as defined and discussed in the Noise Pollution (Regulation & Control) Rule, 2000, as amended from time to time.

                    (2)    Pending hearing and final disposal of the petition, the respondents are directed to issue loudspeaker permission verifying and certifying before granting permission that the loudspeaker will not be used in a designated Silence Zone.

                    (3)   The authorities will also ensure implementation and observance of the conditions mentioned in the permission.

                    (4)    It is also clarified that in case the petitioners point out that there is violation at any place, the authorities will take appropriate action in accordance with law.

4.        Notice of Motion is accordingly disposed of.

5.        Parties be given copies of this order duly autenticated by the Associate/Private Secretary.
 

CHIEF JUSTICE                          . 
ABHAY S. OKA. J                          .