Bombay High Court
Madhav Sakharam Rane And 2 Ors vs State Of Maharashtra And 7 Ors on 16 August, 2017
Bench: A.S. Oka
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.
----------
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
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
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
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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.]
