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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A. S. Gadkari, Shyam C. Chandak, JJ
Jaago Nehru Nagar Residents Welfare Association ] Having Its Office At Shop No.5, Alaknanda Chs Ltd. – Appellant
Versus
The Commissioner Of Police ] Having Office At Crawford Market – Respondent
JUDGMENT :
A.S. GADKARI, J.
1) This Petition under Article 226 of the Constitution of India is filed for (i) appropriate writ, order or direction in the nature of writ of mandamus, directing the Respondent Nos.4 & 5 to register F.I.R. against the offenders for using loudspeakers in high volume without permission, violating the Noise Pollution (Regulation and Control) Rules, 2000 [for short, “Noise Pollution Rules”] and the provisions in the Environment (Protection) Act, 1986 [for short, “said Act”] and the other relevant laws thereof; (ii) for directing the Respondent No.1 – Commissioner of Police, Mumbai to take appropriate action against the Respondent Nos.2 to 5 for failure in discharging their official duty and defying and non implementing and/or non complying with the Orders dated 10th November 2012 and 16th August 2016 passed in Public Interest Litigation No. 173 of 2010; and for other consequential reliefs.
2) Heard Mr. Mhatre, learned counsel for Petitioners, Mr. Yagnik, learned A.P.P. for Respondent Nos.1 to 6-State and Mr. Shetye, learned counsel for Respondent No.7-M.P.C.B.
3) Petitioners are the associations registered with the concerned Authorities having their object to d
The use of loudspeakers for religious purposes must comply with noise pollution regulations, as no religion permits disturbance to public peace, reinforcing the right to a peaceful environment under ....
The use of loudspeakers without permission violates noise pollution laws, infringing on the right to a peaceful environment protected under Article 21.
The right to a peaceful environment is protected under Article 21, and noise pollution laws must be enforced to prevent disturbance, regardless of religious practices.
regular rattling of engines and intermittent blowing of horns emanating from the caravan of automobiles do not allow us to have any respite from irritant noise even in suburban zones.
The court mandated compliance with noise pollution regulations during festivals, emphasizing the enforcement of maximum sound levels and penalties for violations under statutory obligations.
The Tribunal underscores the enforcement of noise pollution regulations during public festivals, affirming the duty of authorities to implement monitoring measures and protect public health under Art....
Noise pollution is a cognizable offence, and authorities must ensure compliance with noise control regulations, allowing citizens to lodge FIRs for violations.
The duty of the authorities to protect the fundamental rights of citizens and the need for effective implementation of laws to prevent infringement of rights.
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