Bombay High Court
Santosh Shrikrishna Pachalag vs Mr. K. P. Bakshi, Additional Chief ... on 8 July, 2025
2025:BHC-AS:27661-DB
1-CP-390-2018.doc
Pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CONTEMP PETITION NO. 390 OF 2018
IN
CRIMINAL PUBLIC INTEREST LITIGATION NO.20 OF 2015
Santosh Shrikrishna Pachalag .. Petitioner
Versus
Mr. K. P. Bakshi, Additional Chief
Secretary & Ors. .. Respondents
Mr. Deendayal G. Dhanure for petitioner.
Mrs. Neha S. Bhide, Government Pleader with Mr. O. A.
Chandurkar, Addl. Govt. Pleader and Mrs. G. R. Raghuwanshi,
AGP for respondent nos.1 to 6 - State.
Digitally signed
by PRAVIN
PRAVIN DASHARATH
PANDIT
DASHARATH Date:
CORAM: ALOK ARADHE, CJ. &
PANDIT 2025.07.08
17:41:49
+0530
SANDEEP V. MARNE, J.
DATE: 8th JULY, 2025
P.C.:
1. This Contempt Petition has been filed for violation of the directions contained in the order dated 16 th August, 2016 passed by this Court in Criminal PIL No. 20 of 2015 and other connected PILs.
2. The petitioner had filed Criminal PIL No. 20 of 2018 before this Court seeking direction that the loud speakers are being played on the mosques in Navi Mumbai without obtaining any permission under the provisions of the Maharashtra Police Act, 1951 (hereinafter referred to as "the 1 ::: Uploaded on - 09/07/2025 ::: Downloaded on - 01/08/2025 23:54:56 ::: 1-CP-390-2018.doc Act of 1951") and are being played in violation of Noise Pollution (Regulation & Control) Rules, 2000 (hereinafter referred to as "the Rules of 2000"). The petitioner has also sought a direction to respondents to conduct appropriate enquiry into violations committed by Trustees of mosques situated in Navi Mumbai and to take action against the concerned police authorities for failure to discharge their duties. Criminal PIL No. 20 of 2015 was disposed of with the directions contained in para 94 (i) to (xxxii), which are extracted below for the facility of reference:
i) All interim directions issued by this Court from time to time in Public Interest Litigation No.173 of 2010 and other Petitions in the group which are not inconsistent with this final judgment and order shall continue to operate notwithstanding disposal of these Petitions. We make it clear that as copies of the judgment which was dictated in open Court may not be available immediately considering length of the judgment, all concerned shall continue to be bound by all the interim directions which have not been specifically modified and therefore, all the authorities shall ensure that the said directions are complied with during the religious festival which are likely to be celebrated shortly;
ii) All concerned authorities shall ensure that a loudspeaker or a public address system shall not be used except after obtaining written permission from the authority contemplated by the Noise Pollution Rules in accordance with Sub-Rule (1) of Rule 5 in addition to the license required to be obtained under the Rules, if any, framed under the Maharashtra Police Act of 1951;
iii) Appropriate redress mechanism shall be created by all concerned in all Municipal areas for receiving complaints in accordance with Rule 7 of the Noise Pollution Rules and also for reporting breach of other Rules in the Noise Pollution Rules. For the reasons which we have recorded above, the authority under the Noise Pollution Rules, the Police Officers and the licensing 2 ::: Uploaded on - 09/07/2025 ::: Downloaded on - 01/08/2025 23:54:56 ::: 1-CP-390-2018.doc authorities under the said Act of 1951 are under an obligation to entertain every complaint alleging the breach of the Noise Pollution Rules including even anonymous complaints. Therefore, toll free number shall be provided by the State Government in every town or city having Municipal Corporation or Municipal Council to enable the authorities to receive complaints about the breaches of Rules in addition to usual and conventional modes. A facility shall be also made available to submit complaint by email, by SMS and by Whatsapp message.
A register shall be maintained of the complaints received on toll free number as well as by all other modes and a complaint number shall be provided to the complainants. The complaints register shall also incorporate actions taken on the basis of the complaints. Moreover, action taken report shall be displayed on the website of the District Collector/ Municipal Corporations. The complaints shall be also received on Telephone No.100. The State government shall comply with these directions within two months from today;
iv) On receiving information as provided in Sub-Rule (1) of Rule 8 of the Noise Pollution Rules, the authority concerned shall immediately apply its mind on the question of passing an order under Sub-Rule (1) of Rule
8. The authority will have to also consider of immediately issuing an order of suspension of license/permission granted to use loud speaker or public address system. Immediately, on receipt of a complaint in any form, Appropriate police officer shall be deputed to the concerned site with a necessary machine/equipment to test whether noise level exceeds the ambient noise standards. Even if Police receive a complaint, such officer shall be accordingly deputed. The officer shall immediately report to the authority to enable the authority to take action. If the police officer notices that public address system or loudspeaker is being used without license/permission, he shall forthwith ensure that the use of the loudspeaker or public address system is stopped. If the officer finds that the loudspeaker or public address system is used by the license holder during night hours on any day which is not specified in Sub-Rule (3) of Rule 5 of Noise Pollution Rules, the officer concerned shall immediately ensure 3 ::: Uploaded on - 09/07/2025 ::: Downloaded on - 01/08/2025 23:54:56 ::: 1-CP-390-2018.doc that the use of loudspeaker or public address system is stopped. The police officer shall forthwith stop use of loudspeakers and public address systems in silence zones;
v) The State Government shall notify the names and addresses and all particulars such as contact numbers of the authorities under the Noise Pollution Rules and the Rules framed under the said Act of 1951 within the limits of all the Municipal Corporations and Municipal Councils. Wide publicity shall be given to the said particulars in local newspapers, on local cable networks and on the website of the District Collector as well as the concerned Municipal Corporations. The same shall be displayed on the notice Boards of all the Ward Offices. We grant time of two months to the State to give such publicity;
vi) Wide publicity shall be given to the grievance redress mechanism in the manner provided in clause (iv) above before every major festival religious or otherwise;
vii) In addition to the mechanism as provided above, a citizen shall be entitled to lodge oral complaint about the breach of Noise Pollution Rules or Loud Speaker Rules framed in exercise of powers under Section 33 of the said Act of 1951 on telephone number 100. Immediate action shall be taken by the Police on the basis of such oral complaints. The State Government shall direct that the identity of complainants shall not be disclosed to the wrong doers or any other person even if the identity could be established from the telephone number from which complaint is received. We make it clear that anonymous complaints shall be entertained on the telephone number 100. On receiving complaints, a police officer shall immediately visit the spot and shall forthwith stop illegal use of public address system or loudspeaker or a musical instrument;
viii) On receiving complaint in any form about the breach of Noise Pollution Rules, the Police Officer visiting the site shall record noise level by use of requisite meter which shall be recorded in a panchanama. Adequate number of Machines/ equipment to measure noise level 4 ::: Uploaded on - 09/07/2025 ::: Downloaded on - 01/08/2025 23:54:56 ::: 1-CP-390-2018.doc shall be always made available by the State. At present total 1853 meters shall be immediately provided. The meters shall be maintained properly and sufficient funds shall be allocated for repairs/maintenance of meters;
ix) Well in advance before the commencement of festivals such as Ganesh Utsav, Navratri and Dahi Handi, the Police Commissioners /District Magistrates/ Municipal Commissioners shall convene a meeting of all major organizations holding such functions and appraise them of the provisions of law and the consequences of breach of the provisions of law. Even the local political leaders shall be invited to attend the meetings along with members of Mohalla Committee, if any. The meetings shall be to impress upon everyone to abide by the Noise Pollution Rules and the relevant provisions of statutes concerning regulation of construction of temporary booths/ pandals on streets;
x) We direct that the authorities under the Noise Pollution Rules and the authorities under the Rules relating to grant of licenses framed under the said Act of 1951 shall verify before the grant of license/ permission to use loudspeakers or public address systems whether the applicant has made any breach of any Rules or license conditions when similar license/ permission was earlier granted to such Applicant during particular festival at a particular place earlier. If it is found that the applicant has made any breach of any Rules or license conditions when license was granted earlier, the authority shall be entitled to refuse the license/ permission;
xi) The State Government shall issue a direction to the authorities under the Noise Pollution Rules that they shall take all possible steps to ensure due compliance with the Noise Pollution Rules. The directions of this Court shall be communicated to all such authorities and all police stations within Municipal Corporation/Council limits. Compliance with these directions shall be made by the State Government within two months;
xii) We direct that the discretionary powers under the section 234 of the said Act of 1949 and Section 317 of 5 ::: Uploaded on - 09/07/2025 ::: Downloaded on - 01/08/2025 23:54:56 ::: 1-CP-390-2018.doc the said Act of 1888 to grant permission to erect temporary booths or similar structures on streets(including footpaths/footways) for holding of festivals/ceremonies shall be exercised by the Commissioners subject to the law laid down by this Court in this Judgment and Order. We also direct the Municipal Corporations to take immediate action of demolition in respect of the temporary booths/ structures erected on public streets without obtaining the requisite permissions. Such action shall be taken even before the religious festivals/functions commence. We also direct that whenever such permissions are granted, a condition shall be incorporated therein of prominently displaying a copy of permission and the material particulars of such permission on the temporary booths or structures covered by Section 234 of the said Act of 1949 and Section 317 of the said Act of 1888. Any booth or pandal which does not display such permission shall be demolished/removed;
xiii) While exercising the power under section 234 of the said Act of 1949 and Section 317 of the said Act of 1888, the Commissioners of the Municipal Corporations shall be bound to ensure that the fundamental right of citizens to have roads and footpaths and/or footways in a reasonable condition and free of obstructions which is guaranteed by Article 21 of the Constitution is not violated;
xiv) We direct the District Collectors of all the Districts in the State to constitute a team of Revenue Officers not below the rank of Tahsildars for each Municipal Corporation area. The members of the team shall regularly visit the areas within the limits of the Municipal Corporations for a period of 7 days before the date of commencement of the major religious festivals and during the festivals to ascertain whether any temporary booths/structures have been erected on public streets and footpaths/footways without obtaining permission of the Municipal Commissioners. Any such structure which does not display the the permission and material details thereof shall be deemed to be illegal. The members of the team shall be under an obligation to immediately bring to the notice of the concerned Municipal 6 ::: Uploaded on - 09/07/2025 ::: Downloaded on - 01/08/2025 23:54:56 ::: 1-CP-390-2018.doc officers/designated officers, the temporary booths erected on streets and footpaths or footways without obtaining permission of the Commissioners or in breach of the conditions in permissions. The Municipal Authorities shall forthwith take action of removal on the basis of such information. Even the Municipal Corporations shall constitute a team of Officers who will carry out the same task which is entrusted to the Revenue Officers as above. These directions shall be implemented immediately;
xv) We direct all the Municipal Corporations to create a grievance redress mechanism for receiving complaints as regards illegal pandals or booths erected on streets on par with the grievance redress mechanism ordered to be created for dealing with complaints regarding breach of the Noise Pollution Rules. The grievance redress mechanism shall be created for receiving complaints by all possible modes. The Municipal Corporations shall nominate officers in each Wards who shall be responsible for dealing with the complaints. Compliance with these directions shall be made within one month;
xvi) If any such illegal activities involve public nuisance covered by section 133 of the Code of Criminal Procedure, 1973, necessary action shall be taken in accordance with law by all the concerned authorities;
xvii) We make it clear that this Judgment and Order as well as the earlier orders shall apply to festivals/ceremonies of all the religions and sects. This Judgment and Order shall apply to the places of worship of all the religions;
xviii) We direct the State Government to issue directions to all the District Collectors and Municipal Corporations in the light of the law laid down by this Court in this Judgment and Order. Compliance shall be made within a period of two months from today;
xix) In the event, the Municipal Commissioners or the Municipal Staff or the members of the team constituted by the Collectors need police help and protection for the implementation of this Judgment and Order or the 7 ::: Uploaded on - 09/07/2025 ::: Downloaded on - 01/08/2025 23:54:56 ::: 1-CP-390-2018.doc implementation of the provisions of law, on an application being made by them, all concerned local police station shall forthwith provide adequate police protection to them;
xx) Before every major religious or cultural festivals, the State and the Municipal Corporations shall give adequate publicity to the grievance redress mechanism available for filing Complaints regarding the breach of the Noise Pollution Rules and illegal pandals and booths on streets and footways. Adequate publicity shall be given to the availability of the grievance redress mechanism with all the particulars in leading daily news papers as well as on television channels. Detailed notices shall be put up as regards availability of the said mechanism in all police stations within the Corporation limits and in Ward Offices of the Municipal Corporations and in the offices of the Revenue Officers such as Divisional Commisioner, Collector, Additional Collector, Deputy Collector, Tahasildar etc.;
xxi) Whenever a complaint is received by the authority as regards violation of the Noise Pollution Rules, the same shall be forwarded to the Commissioner and/or the Superintendent of Police as the case may be with a view to enable the said authority to take action under section 38 of the Maharashtra Police Act, 1951;
xxii) In case of any complaint received by the authority as regards noncompliance with the Noise Pollution Rules or breach of the Noise Pollution Rules, the concerned authority shall set criminal law in motion by taking recourse to clause (b) of Section 19 of the Environment Protection Act. If nonviolation or breach is of a very serious nature, the authority shall bring the same to the notice of the District Collector or the Regional Officers of the Maharashtra Pollution Control Board who have been authorized by the Central Government under clause (a) of Section 19 of the Environment Protection Act so that criminal law can be set in motion by the said authorities. Needless to add that when such request is made by the authority under the Noise Pollution Rules, the Collector or the Regional Officers of the Maharashtra Pollution Control Board, as the case may be, shall take immediate 8 ::: Uploaded on - 09/07/2025 ::: Downloaded on - 01/08/2025 23:54:56 ::: 1-CP-390-2018.doc steps to set criminal law in motion in accordance with law under clause (a) of Section 19 of the Environment Protection Act;
xxiii) As soon as a complaint is received by the Officer Incharge of Police Station regarding noncompliance of the violation of the Noise Pollution Rules, he shall immediately forward the same to the authority under the said Rules. On receiving a report from the Officer incharge of Police Station or on receiving a complaint or receiving information in any other manner, if rule 8 is attracted, the authority shall ensure that immediate order is passed under Rule 8;
xxiv) We direct the State Government to take action against the authorities constituted under the Noise Pollution Rules in the event of their failure to take prompt action as contemplated by Sub-Rule (2) of Rule 7 and Rule 8 of the Noise Pollution Rules as the failure on their part results in to violation of fundamental rights under Article 21 of the Constitution of India. The Municipal Corporation shall take action against the officers who fail to take immediate action of demolition of illegal booths/ pandals on streets. Allowing construction of illegal pandals/ booths on streets also violates the fundamental right of the citizens under Article 21 of the Constitution of India;
xxv) We direct the State Government to issue a direction to all the Planning Authorities requiring compliance with Sub Rule (4) of Rule 3 while preparing development plans under the provisions of the Maharashtra Regional and Town Planning Act, 1966. As held earlier, under Sub-Rule (4) of Rule 3, all the Development Authorities and local authorities while planning development activity such as preparation of development plan shall take into consideration all aspects of noise pollution as a parameter of quality of life to avoid noise menace and to achieve the objective of maintaining the standards in respect of noise. Needless to add that while sanctioning a development plan and sanctioning a regional plan, the State Government will have to comply with Sub-Rule (4) of Rule 3 of the Noise Pollution Rules;
9 ::: Uploaded on - 09/07/2025 ::: Downloaded on - 01/08/2025 23:54:56 :::1-CP-390-2018.doc xxvi) In the light of the mandatory requirement of Sub- Rule (4) of Rule 3, the State Government shall consider of undertaking exercise of noise mapping in all major cities in the State as availability of data obtained by noise mapping will help all the concerned authorities to discharge their duties under Sub-Rule (4) of Rule 3. We direct the State Government to take appropriate decision on this aspect within a period of two months from the date on which an authenticated copy of the Judgment and Order is produced by the Petitioners or parties to the Petition in the office of the Principal Secretary of the Environment Department of the State Government. While considering this issue, the State Government shall consider the material placed in support of Public Interest Litigation No.85 of 2007;
xxvii) All concerned authorities while considering the applications for grant of permission to erect helipads shall take into consideration, the statements made in the Affidavits filed in Public Interest Litigation No.85 of 2007 by on behalf of the Ministry of Environment and Forest of the Government of India;
xxviii) The State Government shall take all measures in terms of Sub-Rule (3) of Rule 3 of Noise Pollution Rules including measures for abatement of noise including the noise emanating from the vehicular movement and noise emanating from construction activities. The measures proposed to be taken by the State Government in terms of Sub-Rule (3) of Rule 3 shall be placed on record by the State Government by filing Affidavit within a period of three months from today;
xxix) As pointed out earlier, while granting permissions for erection of pandals/temporary booths, a condition shall be imposed that loudspeakers or public address systems shall not be used without obtaining permission under Sub-Rule (1) Rule 5 of the Noise Pollution Rules. A further condition shall be imposed that hoardings, advertisement/ banners/ flexes etc shall not be displayed on the booths or in the vicinity of booths without obtaining express permission and no digging shall be made on streets, foot path or footway without obtaining a specific permission. A condition shall be also imposed of 10 ::: Uploaded on - 09/07/2025 ::: Downloaded on - 01/08/2025 23:54:56 ::: 1-CP-390-2018.doc complying with the Noise Pollution Rules by specifying the prescribed noise levels as laid down in the Schedule;
xxx) As directed by the Apex Court, we direct the State Government to conduct public awareness programmes inviting attention to the members of the public to the Noise Pollution Rules and especially the adverse effects of the noise pollution not only on the human beings but on all living beings. As directed by the Apex Court, the State Government shall issue necessary directions, for holding such public awareness programmes especially in schools and colleges throughout the State so that students are educated on the adverse impact of sound pollution. Such public awareness programmes shall be conducted by the State for the benefit of the members of the public by taking cooperation of television channels, social media, FM channels etc. Such awareness programmes for the benefit of the citizens shall be frequently conducted especially before commencement of major religious and cultural festivals;
xxxi) The notification dated 31st July, 2013 issued by the State Government under Sub-Rule (3) of Rule 5 of the Noise Pollution Rules is partly illegal as held in Clause (iv) of paragraph 93 above;
xxxii) The Commissioner of Police, Pune shall ensure that all the relevant complaints made by the Petitioner in PIL 161 of 2015 the copies of which are on record of the Petition are dealt with and action taken is communicated to her in writing in one month;
3. In substance, this Court directed all the authorities concerned shall ensure that loudspeaker or a public address system shall not be used, except after obtaining written permission from the authority as contemplated by Rules of 2000 in accordance with Rule 5(1), in addition to the license which is required to be obtained under the Rules, if any, framed under the Act of 1951.
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4. The petitioner, thereafter, on 7th February, 2018 submitted an application under the Right to Information Act, 2005 to the concerned State Public Information Officers of each Commissioner of Police, Superintendent of Police of each Districts in the State of Maharashtra seeking information on compliance of directions as contained in the judgment and order dated 16th August, 2016. The petitioner was, thereupon, informed by the authorities under the Right to Information Act that 2940 loudspeakers are in use and have been installed by various religious institutions.
5. We have heard the learned counsel for the parties at length.
6. From the perusal of the affidavit filed on behalf of the respondents, it is evident that in compliance of the directions issued by this Court on 16th August, 2016 in Cri. PIL No. 20 of 2015, the respondents have removed 343 loudspeakers. It has been stated in the affidavit that 831 loudspeakers have be installed after obtaining permission. It has further been stated that notices under Section 149 of Cr. P. C. were issued to the persons who had installed 767 loudspeakers and cases of five persons have been referred to Maharashtra Pollution Control Board. It has also stated that one Inspector General of Police has been appointed as Nodal Officer in respect of 49 Units in the State of Maharashtra to ensure compliance with the provisions of the Rules of 2000.
7. Thus, from the stand taken by the respondents in the affidavit, it is evident that respondents have substantially complied with the directions contained in the order dated 16 th August, 2016 passed in Cri. PIL No. 20 of 2015. In any case, 12 ::: Uploaded on - 09/07/2025 ::: Downloaded on - 01/08/2025 23:54:56 ::: 1-CP-390-2018.doc no case for willful disobedience of the directions issued by this Court is made out as the respondents have made sincere efforts to comply with the said directions.
8. In the facts and circumstances of the case, we are not inclined to proceed further with the Contempt Petition. However, in case the grievance of the petitioner still persists, he is granted liberty to approach the Nodal Officer appointed by the State Government.
9. With the aforesaid liberty, the Contempt Petition is disposed of.
(SANDEEP V. MARNE, J.) (CHIEF JUSTICE) 13 ::: Uploaded on - 09/07/2025 ::: Downloaded on - 01/08/2025 23:54:56 :::