Bombay High Court
Adv. Anand S. Jaiswal And Others vs The State Of Maharashtra Thr. The ... on 17 March, 2017
Bench: B.R. Gavai
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APL) NO.86 OF 2017
1. Adv. Anand S. Jaiswal,
Aged Major, Occ. Legal
Practitioner, President,
Vidarbha Cricket Association,
Nagpur, r/o. 'Anand', North
Ambazari Road, Dharampeth,
Nagpur 440 010.
2. Prashant Vaidya,
Aged Major, Occ. Business,
Vice President, Vidarbha Cricket
Association, Nagpur, r/o. F-4,
Snehdeep, Laxmi Nagar,
Nagpur 440 022.
3. Bhoopinder Singh Bhatti,
Aged Major, Occ. Service,
Hon. Secretary, Vidarbha Cricket
Association, Nagpur, r/o. Plot No.
113, Misal Layout, P.O., Jaripatka,
Nagpur 440 014.
4. Parimal Vaidya,
Aged Major, Occ. Business,
Hon. Jt. Secretary, Vidarbha Cricket
Association, Nagpur, r/o. 518/B,
Congress Nagar, Nagpur 440 012.
5. Mr.Murali Pantula,
Aged Major, Occ. Business,
Hon. Treasurer, Vidarbha Cricket
Association, Nagpur, r/o. A-401,
Lotas Court, Near VCA Stadium,
Civil Lines, Nagpur 440 001.
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6. Mr.Sunil Deoupadhyay,
Aged Major, Occ. Service,
Executive Member, Vidarbha
Cricket Association, Nagpur, r/o.
Plot No.12, SC Railway, II Layout,
Pratap Nagar, Khamla,
Nagpur 440 025.
7. Pramod Kulkarni,
Aged Major, Occ. Retired,
Executive Member, Vidarbha Cricket
Association, Nagpur, r/o. A-5,
Samarth Apartment, 48, Ramkrishna
Nagar, Khamla, Nagpur 440 025.
8. Alhad Gokhale,
Aged Major, Occ.Service,
Executive Member, Vidarbha Cricket
Association, Nagpur, r/o. S/42,
Narhar Apt., Saharabuddhe Layout,
Bharat Nagar, Nagpur 440 033.
9. Hemant Gandhi,
Aged Major, Occ. Business,
Executive Member, Vidarbha Cricket
Association, Nagpur, r/o. August 15
Apt., Opp. Saimandir, Dhantoli,
Nagpur 440 012.
10.Ashwin Dorairajan,
Aged Major, Occ. Business,
Executive Member, Vidarbha Cricket
Association, Nagpur, r/o. Flat No.402,
Rudraksha Riddhi Apt., 109,
Telecom Colony, Nagpur 440 022.
11.Dilip Daga,
Aged Major, Occ. Legal Practitioner,
Executive Member, Vidarbha Cricket
Association, Nagpur, 97/1, Opp.
CTO, Temple Road, Near Konark
Aptt., Civil Lines, Nagpur 440 001.
12.Dilip Parteki,
Aged Major, Occ. Service, Executive
Member, Vidarbha Cricket Association,
Nagpur, r/o. Rachna Gokul Apt., Plot
No.B-202, Mankapur Ring Road, Near
Patil Traders, Nagpur 440 030.
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13.Mrs. Anupama Bansod,
Aged Major, Occ. Service,
Executive Member, Vidarbha Cricket
Association, Nagpur, r/o. 22, S.E. Rly.
Colony-1, Ranapratap Nagar,
Nagpur 440 022.
14. Farokh Dastoor,
Aged Major, Occ. Service,
CEO,Vidarbha Cricket Association,
Nagpur, r/o. 8th Kamdin Blocks,
Near Parsi Fire Temple, Opp.
Gandhi Sagar, Nagpur 440 018.
15. Adv. Anand Deshpande,
Aged Major, Occ. Legal Practitioner,
Security In-charge, r/o. Gajanan
Vijay, RPTS Road, Ramkrishna Nagar,
Nagpur. .. APPLICANTS
//Versus//
1. The State of Maharashtra,
through the Police Station Officer,
Police Station, Higna, Nagpur.
2. Kawoodu Shyamraoji Dhage,
Aged about 45 years, Occ.
Agrilst. and Deputy Sarpanch,
r/o. Mouza Jamtha, Tq. and
Distt. Nagpur.
.. RESPONDENTS
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Mr.Sunil Manohar, Sr. Cl. with Mr.A.A.Naik, Advocate
and Mr.R.M.Daga, Advocate for the Applicants.
Mr.Rohit Deo, Advocate General and Mrs. Bharti Dangre, G.P. for
Respondent/State.
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CORAM : B.R.GAVAI &
KUM. INDIRA JAIN, JJ.
DATE : 17.3.2017.
ORAL JUDGMENT (Per B.R.GAVAI, J) :
1. Rule. Rule is made returnable forthwith. Heard by
consent.
2. By way of present Criminal Application, the applicants
have approached this Court for quashing and setting aside the First
Information Report being Crime No.58 of 2017, dt.31.01.2017
registered at Police Station, Hingna for the offences under Section
15 (1) of the Environmental (Protection) Act, 1986 and Rules 5(1)
(2) and Rule 7(2) of the Noise Pollution (Regulation and Control)
Rules, 2000 (hereinafter referred to as "the Rules of 2000").
3. Applicant nos. 1 to 13 are the Office bearers of the
Vidarbha Cricket Association; whereas applicant no.14 is the Chief
Executive Officer of the said Association. Applicant No.15 was the
Security In-charge for T-20 International Cricket Match between
India and England, which was held on 29.1.2017 at the Vidarbha
Cricket Association's Stadium at Jamtha.
4. The facts in the present case are almost similar with the
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facts in Criminal Application No.85 of 2017, which have been
elaborately discussed in the Judgment and Order passed by us of
the even date.
5. Though it is the specific contention of the applicants that
the present First Information Report so also the First Information
Report in the companion Criminal Application has been lodged with
a mala fide intention, we do not find it necessary to go into that
question inasmuch as we find that the present Criminal Application
deserves to be allowed on a short ground. It will be relevant to
refer to Rule 7 of the Rules of 2000, which reads thus :
"7.Complaints to be made to the authority -
(1) A person may, if the noise level exceeds the
ambient noise standards by 10dB (A) or more given
in the corresponding columns against any
area/zone (or, if there is a violation or any provision
of these rules regarding restrictions imposed during
night time) make a complaint to the authority.
(2) The authority shall act on the complaint and
take action against the violator in accordance with
the provisions of these rules and any other law in
force. "
6. It could thus be seen that if a person finds the noise level
exceeds the ambient noise standards by 10dB or more or if there is
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a violation of any provision of these rules, then he is required to
make a complaint to the Authority. Sub-rule 2 of Rule 7 provides
that the authority shall act on the complaint and take action
against the violator in accordance with the provisions of these rules
and any other law in force.
7. Clause (c) of Rule 2 of the Rules of 2000 defines
"authority' which reads thus :
"authority" means and includes any authority or
officer authorised by the Central Government, or as
the case may be, the State Government in
accordance with the laws in force and includes a
District Magistrate, Police Commissioner, or any
other officer nor below the rank of the Deputy Police
Commissioner, or any other officer not below the
rank of the Deputy Superintendent of Police
designated for the maintenance of the ambient air
quality standards in respect of noise under any law
for the time being in force. "
8. It could thus be seen that the "authority" includes District
Magistrate, Police Commissioner, or any other officer not below the
rank of the Deputy Police Commissioner, or any other officer not
below the rank of the Deputy Superintendent of Police designated
for the maintenance of the ambient air quality standards
authorised by the Central Government or as the case may be, the
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State Government. In the reply filed on behalf of the State
Government, it is stated that, vide notification dt.14.7.2015, all the
Police Inspectors have been designated as 'Authorised Officers' for
the area within the jurisdiction of their Police Stations. However,
perusal of clause (c) of Rule 2 of the Rules of 2000 would
specifically reveal that such a power cannot be vested on the
Authority below the rank of Deputy Superintendent of Police.
Undisputedly, an Inspector is neither equivalent nor above the rank
of Deputy Superintendent of Police. In that view of the matter, we
find that initiation of proceedings by the Police Inspector, who is
undisputedly below the rank of Deputy Superintendent of Police, is
without jurisdiction inasmuch as he cannot be an authorised
Officer. Rule is, therefore, made absolute in terms of prayer clause
(A) of present Criminal Application No.86 of 2017.
No order as to costs.
JUDGE JUDGE
jaiswal
