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2017 Supreme(Bom) 1394

A.S.OKA, ANOOP V.MOHTA, RIYAZ I.CHAGLA
Ajay Marathe – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioners: A.V. Anturkar, Kalyani Tulankar, S.M. Gorwadkar, Sana Yusuf Baugwala, Ravi Shinde, Niranjan A. Mogre, Dr. Birendra Saraf, Rohaan Cama, Huzefa Khokhawala, Shanay Shah, Gauri Memon, M/s. Nankani and Associates
For the Respondents: Anil C. Singh, Sandesh D. Patil, Amogh Singh, Aditya Thakkar, D.P. Singh, C.S. Zavier, V.T. Kalyan, A.B. Vagyani, Manish M. Pabale, K.N. Solakhe, G.R. Golatkar, Rohan Sawant

JUDGMENT :

A.S. Oka, J.

1. As per the administrative order passed by the Hon'ble Chief Justice by exercising powers under Rule 7 of the Bombay High Court Appellate Side Rules, 1960, these two petitions have been placed for disposal before this Bench and accordingly, as per the directions of the Hon'ble the Chief Justice issued on 27th August 2017, these petitions were listed before this Bench on 28th August 2017. On 29th August 2017 and today, we have heard the submissions of the learned Counsel appearing for the parties.

2. The challenge in these two petitions is to the validity of the notification dated 10th August 2017. By the said notification, the Noise Pollution (Regulation and Control) Amendment Rules, 2017 (hereinafter referred to as the “impugned Rules”) were brought into force by which the Noise Pollution (Regulation and Control) Rules 2000 (for short, “the Principal Rules”) have been amended. Considering the various contentions raised across the bar, we find that many important questions arise which are required to be finally decided. Hence, we issue Rule. The concern
























































































































































































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