[Cites 4, Cited by 0]
Bombay High Court
Court On Its Own Motion vs The Secretary, Ministry Of ... on 12 March, 2026
Author: Anil Laxman Pansare
Bench: Anil Laxman Pansare
1-PIL-90-2025 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
PUBLIC INTEREST LITIGATION NO. 90 OF 2025
(Dr. Bhupendrakumar K. Wasnik & Ors. Vs. The Secretary, Ministry of Environment, Forest and
Climate Change, New Delhi & Ors.)
WITH PUBLIC INTEREST LITIGATION NO. 8 OF 2025
(Awantika Chitnavis Vs. State of Maharashtra & Ors.)
WITH SUO MOTU PUBLIC INTEREST LITIGATION NO. 16 OF 2025
(Court on its own motion Vs. The Secretary, Ministry of Environment, Forest and Climate Change &
Ors.)
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
PIL No. 90/2025
Mr. B.K. Wasnik, petitioner in-person.
Mr. K.N. Shukul, DSGI with Ms Prutha N. Hardas and
Mr. Gaurav Khatwani, Counsel for respondent nos. 1 and 56.
PIL No. 8/2025
Mr. A.C. Dharmadhikari, Counsel for the petitioner.
Mr. S.M. Ukey, Counsel for respondent no.3.
Mr. S.S. Sanyal, Counsel for respondent nos. 5 and 6.
Mr. Apurv De, Counsel for respondent no.7.
Mr. K.N. Shukul, DSGI with Ms Prutha N. Hardas and Mr.
Gaurav Khatwani, Counsel for respondent no.8.
SMPIL No. 16/2025
Mr. Abdul Subhan, Counsel for the petitioner - amicus curiae.
Mr. H.D. Marathe, A.G.P. for the respondent/State.
.....
CORAM : ANIL L. PANSARE AND
NIVEDITA P. MEHTA, JJ.
MARCH 12, 2026
Pursuant to the order dated 5/3/2026,
respondent nos. 15 and 16 have published a notice on
11/3/2026. When enquired as to why is there delay in
publishing the notice, the learned A.G.P. submits that the
editors/concerned newspapers were informed of
publishing the notice on 9/3/2026, however, the notice
has been published on 11/3/2026. When we asked
him to show the communication made with the
editors/concerned newspapers, the learned A.G.P. seeks
time.
2] We expect all the respondents to be diligent
in the matter, which is of great importance, inasmuch as,
the issue involved is relating to mental and physical
health of citizens. The order was passed on 5/3/2026.
The steps ought to have been taken immediately
thereafter. It is unfortunate that one day prior to listing of
the matter, the notice is published to project compliance
of the order.
3] The respondents shall take note of the
above order, and henceforth, shall quickly respond to the
order, which are passed only on account of failure of the
Executives to implement the Noise Pollution Rules, which
were framed as back as in the year 2000.
4] Kept back at 2:30 pm.
(JUDGE) (JUDGE)
5] Later on, when enquired, learned counsel
for the Nagpur Municipal Corporation submits that in
Civil Lines Area, there are following about 13
Lawns/Halls and Club Houses, which permit marriage
ceremony, amongst other functions.
(1) Swagat Lawn and Hall,
(2) Great Grand Lawn,
(3) Season Lawn,
(4) Sarpanch Bhavan,
(5) Gondwana Club,
(6) CP Club,
(7) Shrusti Lawn,
(8) Officer Club,
(9) Ladies Club,
(10) Prestige Hall & Lawn,
(11) Jawahar Vidhyarthi Sabhagruha,
(12) Satpuda Lawn and
(13) Deshpande Sabhagruha
His attention was invited to order dated 5-3-2026
wherein we have directed the District Magistrate, Police
Commissioner, Nagpur, Commissioner, Nagpur Municipal
Corporation to verify whether the lawns operative in
Nagpur City were accorded permission as required under
the law. We had referred to Circular dated 24-11-2016
issued by the Maharashtra Pollution Control Board. The
authorities were directed to take steps.
6] The circular is issued by the Maharashtra
Pollution Control Board in terms of directions issued by
National Green Tribunal (Western Zone), Pune in
Application No. 53/2015. Certain guidelines were issued
with a direction to planning authority to strictly
implement and impose said guidelines at the time of
granting permission to Marriage Halls/Lawn and Club
Houses. The planning authorities were also directed to
ensure that Marriage Halls/Lawn and Club Houses under
Consent management regime (Group-A category) shall
obtain valid consent to operate from the Maharashtra
Pollution Control Board within 45 days from the date of
issuance of circular.
7] When enquired, learned counsel for the
Maharashtra Pollution Control Board submits that to the
best of his knowledge, except for few, none others have
obtained consent. He submits that the necessary action
will be taken and details will be furnished on next date.
8] We have gone through the guidelines which
inter alia includes provision of sewage treatment plant of
adequate capacity, prior permission of competent
authority to use loudspeakers/D J System/Dolby System
in Marriage Halls/Lawn and Club Houses, provision of
acoustic enclosures/sound barriers in Marriage Halls,
Club Houses and within the Lawn premises natural dense
vegetation shall be done so as to maintain prescribed
standards of noise at the periphery of Marriage
Halls/Lawn, Club Houses etc.
9] The respondents shall accordingly verify the
status of the Marriage Halls/Lawn and Club Houses. For
the present, such exercise shall be carried out for the area
of Civil Lines, Nagpur. Necessary steps shall be taken to
ensure compliance of the provisions of the Noise Pollution
(Regulation and Control) Rules, 2000, Sections 38, 70,
136 and 149 of the Maharashtra Police Act and the
guidelines issued by the Maharashtra Pollution Control
Board and other such prevailing provisions. The
necessary steps will include withdrawal of permission, if
the provisions/guidelines are not complied with. We also
direct respondent - Nagpur Municipal Corporation to
place before us the permission granted to these Marriage
Halls/Lawns/Club Houses and if the same are granted
ignoring the guidelines or any other provisions, the
reason therefor.
10] In addition to above, the Police Station -
Jaripatka, shall examine the grievance put forth by the
original petitioner - Dr. Bhupendrakumar Keshavrao
Wasnik and Shri Kamlesh Humne, R/o Thawre Colony,
Nagpur. Their petition shall be treated as a separate
complaint, and shall be processed in accordance with law.
The Police Inspector of the Police Station - Jaripatka,
shall file report apprising us of the action taken pursuant
to the said complaint.
11] Stand over to 25-3-2026 at 2.30 p.m.
12] All concerned to act on uploaded copy of
the order.
(JUDGE) (JUDGE)
Sumit/wasnik
Signed by: Mr. A. Y. Wasnik
Designation: PS To Honourable Judge
Date: 12/03/2026 20:57:19
