JUDGMENT: S.B. SINHA, J :

1. Leave granted.

2. Whether musical functions in an open theatre being Rang Bhavan should be allowed to be carried on or not despite the fact that it is situate within 100 meters of an educational institution and a hospital, is the question involved in this appeal which arises out of a judgment and order dated 16.08.2004 passed by a Division Bench of the Bombay High Court in Writ Petition No. 2257 of 2004.

3. The basic fact of the matter is not in dispute. Rang Bhavan is an institution owned and run by the State of Maharashtra. It is the only open theatre in the city of Mumbai. It is let out on hire for the purpose of holding music and cultural programmes. It charges a meagre amount for allowing private parties to hold functions. It has a sitting capacity of 4000 persons. It is stated that the worlds greatest artists, both Western and Indian, have performed therein. Dr. Yeshwant Trimbak Oke & Ors. filed a public interest litigation for a direction to the State to curb noise pollution in general in the city of Mumbai and particularly during the festive season of Navratri and Ganesh Utsav.

4. On or about 25.09.2003, an order was passed by a Division Bench o