Bombay High Court
Society For Fast Justice And Anr vs The State Of Maharashtra And 8 Ors on 16 August, 2017
Bench: Abhay S. Oka, Riyaz I. Chagla
2&1-PIL-173-10&PIL-85-07+.doc
Sharayu
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 173 OF 2010
Dr. Mahesh Vijay Bedekar ...Petitioner
Versus
The State of Maharashtra and Ors. ...Respondents
ALONG WITH
PUBLIC INTEREST LITIGATION NO. 85 OF 2007
WITH
WRIT PETITION NO. 357 OF 2003
WITH
WRIT PETITION NO. 2053 OF 2003
WITH
WRIT PETITION NO. 89 OF 2004
WITH
WRIT PETITION NO. 1215 OF 2004
WITH
WRIT PETITION NO. 1503 OF 2005
WITH
PUBLIC INTEREST LITIGATION NO. 74 OF 2007
A/WASPIL/173/10
WITH
NOTICE OF MOTION NO. 118 OF 2010
ALONG WITH
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PUBLIC INTEREST LITIGATION NO. 83 OF 2010
Awaaz Foundation and Anr. ...Petitioners
Versus
The State of Maharashtra and Ors. ...Respondents
----------
In PIL No. 85 of 2007 :
Mr. Shanay Shah, a/w Ms. Gauri Memon, i/b M/s. Nankani &
Associates for the Petitioners, in PIL/85/07 & WP/2053/03.
Mr. A.A. Kumbhakoni, AG, a/w Ms. Uma Palsule - Desai, AGP
for the State in PIL/85/07, PIL/74/07 & WP/357/03,
WP/1503/05 & WP/2053/03.
Mr. A.A. Kumbhakoni, AG a/w Mr. L.T. Satelkar, AGP, for
Respondents No. 1 to 6 & 9 State in WP/83/10.
Mr. D.P. Singh, a/w Mr. G.R. Sharma, for Respondents No. 3 &
4 in PIL/83/10.
Mr. Upendra Lokegaonkar i/b Mr. N.R. Prajapati, for UOI in
PIL/85/07.
Mr. C.M. Lokesh, for Respondent No. 5 in PIL/83/10.
Mr. N.R. Prajapati & Mr. G. Hariharan, for Respondent No. 1
UOI in WP/2053/03.
Ms. Kiran Bagalia, for the Respondent No.4 in PIL/85/07.
In PIL/173/2010 :
Mr. Mankirat Singh, i/b Mr. Sanjay H. Gangal, for Petitioner.
Mr. A.A. Kumbhakoni, AG, a/w Mr. A.B. Vagyani, GP & Mr.
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Manish Pabale, AGP & Mr. Akshay Shinde, for Respondents No.
1A to 1D.
Mr. D.A. Dube & Mr. Upendra Lokegaonkar, for Respondent
No.3.
Mr. Vinod Mahadik, for Respondent No. 11.
Mr. Nikhil Chavan, for Respondent No. 26.
Mr. R.S. Apte, Senior Counsel, i/b Mr. N.R. Bubna, for
Respondents No. 2 & 16.
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CORAM : ABHAY S. OKA & AND
RIYAZ I. CHAGLA, JJ.
DATE : 16 August 2017
ORDER :
1. Today the Petitions are listed under the caption of "Directions" for reporting compliance with the directions issued by this Court in the Final Judgment. The learned Advocate General has placed on record along with an Affidavit a copy of the Noise Pollution (regulation and Control) Amendment Rules, 2017, by which Sub-Rule 5 of Rule 3 of the Noise Pollution Rules has been amended. Even Rule 5 of the Noise Pollution ::: Uploaded on - 16/08/2017 ::: Downloaded on - 28/08/2018 15:51:37 ::: 2&1-PIL-173-10&PIL-85-07+.doc Rules has been amended.
2. Learned Counsel appearing for the Petitioner in Public Interest Litigation No. 85 of 2007 seeks time to address the Court on the amendment in the context of implementation of the directions issued by this Court.
3. Place the Petitions on 22 August 2017 under the caption of Directions.
4. We direct the Urban Development Department of the State Government to ascertain whether any of the Municipal Corporations have acted in breach of what is held in Clause (xxviii) of paragraph 93 of the Judgment. We also direct the State Government to file an Affidavit reporting compliance with various directions in the context of Festivals in August and September and in particular, the directions contained in Clauses
(v), (vi), (ix), (xiv), (xv) and (xx) of paragraph 94 of the Judgment. We make it clear that the details of the action taken ::: Uploaded on - 16/08/2017 ::: Downloaded on - 28/08/2018 15:51:37 ::: 2&1-PIL-173-10&PIL-85-07+.doc by the Revenue Officers in terms of Clause (xiv) shall be placed on record. We make it clear that if the Revenue Officers have not taken any action as directed, the same will have to be viewed seriously.
5. Learned Counsel appearing for the Petitioner in Public Interest Litigation No. 85 of 2007 has placed on record a Chart recording noise readings taken on 15 August 2017 in Mumbai. We permit the Petitioner to file said Chart on record along with an Affidavit and other relevant documents. After the Affidavit is filed, the Court will consider the question of issuing a contempt notice, if it is necessary. In the meanwhile, the State will look into the alleged breach of the Noise Pollution Rules at a spot Opposite Bandra Police Station, Hill Road, Bandra, which noted in the Chart tendered by the learned Counsel of the Petitioner in Public Interest Litigation No. 85 of 2007.
6. We make it clear that all the directions issued under the final Judgment and order of this Court, which are not ::: Uploaded on - 16/08/2017 ::: Downloaded on - 28/08/2018 15:51:37 ::: 2&1-PIL-173-10&PIL-85-07+.doc affected by the Noise Pollution (regulation and Control) Amendment Rules, 2017, will continue to apply with all the force. We also make it clear that as the final Judgment has been delivered one year back, any breach of the directions issued by this Court by any Authority, will be viewed seriously.
7. Needless to add that even all individuals who commit breach of the directions will be dealt with.
[RIYAZ I. CHAGLA J.] [ABHAY S. OKA, J.]
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