Madhya Pradesh High Court
Mirza Habib Beg vs Urban Administration And Development ... on 26 February, 2018
HIGH COURT OF MADHYA PRADESH
BENCH AT INDORE
WP No.542/2017
Indore, dated : 26/02/2018:-
Shri Manuraj Singh, learned counsel for the petitioner.
Shri Sudarshan Joshi, learned counsel for the respondent
Nos.1 to 3.
None for respondent No.4, though served.
Shri A.S Kutumble, learned senior counsel with Shri Sameer Athawale, learned counsel for the respondent Nos.5 and
6. Shri Aniket Naik, learned counsel for respondent No.8.
Heard finally with the consent of the parties.
By this writ petition under article 226 of Constitution of India the petitioner is praying for issuance of writ of mandamus directing the respondents to prevent the environmental noise pollution caused to the resident of Ekta Nagar Colony by use of sound amplifiers and other devices at Dashora Samaj Dharmshala and also to prevent traffic hazards caused due to marriage ceremonies performed in the Dashora Samaj Dharmshala.
The issue involved in this writ petition is squarely covered by the decision of Division Bench in the case of Rajendra Kumar Verma Vs. State of MP and others decided on 06.01.2015 (WP No.4792/2005 (PIL)).
Learned counsel for respondent Nos.2 and 4 are directed to examine the case of the petitioner in the light of the order passed by the Division Bench of Principal Seat on 06.01.2015, HIGH COURT OF MADHYA PRADESH BENCH AT INDORE WP No.542/2017 so also relevant provisions of the pollution Act and rules framed thereunder and pass an appropriate order therein after hearing petitioner and respondent nos.5 and 6 within the period of six weeks from the date of filing of certified copy of this order.
With the aforesaid, WP No.542/2017 stands disposed of.
IR to continue for the period of six weeks or till the matter is decided, whichever is earlier.
(P.K. Jaiswal) (Virender Singh)
Judge Judge
sourabh
Digitally signed by
SOURABH YADAV
Date: 2018.02.26
17:27:26 +05'30'