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2022 Supreme(Online)(BOM) 2562
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.5935 OF 2022
Mr. Pawan Shamsundar Sarda and Ors.
(Vs.)
State of Maharashtra and others
Shri Rahul Bhangde, Advocate for the petitioners.
Ms N.P. Mehta, AGP for respondent Nos.1, 2, 3 and 5/State.
Shri J.B. Kasat, Advocate for respondent Nos.4-a and 4-b.
Shri M.V.Samarth, Senior Advocate assisted by Shri C.M. Samarth, Advocate for respondent No.6.
CORAM : S. B. SHUKRE AND
G.A. SANAP, JJ.
DATE : 26.09.2022.
Religious festivities do not grant an exemption from noise pollution regulations. While festivals may be celebrated through traditional means, the use of sound amplification systems is strictly prohibited within designated silence zones to protect the rights of others and maintain silence for hospitals and educational institutions.
Headnote:(A) Noise Pollution (Regulation and Control) Rules, 2000 - Rule 3(5) and Rule 6 - Silence zones - Religious festivals - Fundamental right to worship - Right to worship does not include right to cause noise pollution or disturb others - Religious festivals may be celebrated in a traditional manner, but the use of sound systems and musical amplifiers is restricted in silence zones. (Paras 8, 12, 14, 18)
(B) Contractual Obligation - Memorandum of Understanding (MOU) - Parties previously executed a binding agreement regarding the conduct of festival activities - Disregard for terms of such agreement is contrary to established rules and prior commitments between stakeholders. (Paras 16, 17, 19)
Facts of the case:
The petitioners approached the court challenging the permission granted for organizing a festive event involving music and sound systems on a playground premises that shares a common boundary with a hospital. The petitioners pointed out that the area is categorized as a silence zone. There was also a pre-existing memorandum of understanding between the organizers and local residents regarding the conduct of the festival, which was reportedly not being followed.
Findings of Court:
The court held that worship must be conducted without creating disturbance to others. Given the status of the venue as a silence zone due to nearby educational and medical facilities, the use of sound amplification systems cannot be permitted. However, the court allowed the festival to proceed in a traditional and purely religious manner without the use of electronic sound equipment, ensuring the sanctity of the celebration and compliance with existing legal prohibitions.
Issues: Whether the celebration of a religious festival, specifically involving music and dance, can be permitted in a designated silence zone. Whether a prior memorandum of understanding between private parties is binding on the conduct of the festival.
Ratio Decidendi: Religious worship and expression, while essential, must not interfere with the rules governing silence zones or the rights of others. The court established that traditional performance of ceremonies is permissible, but the reliance on modern mechanical sound systems that contravene noise regulations is prohibited in areas identified as silent, regardless of the religious nature of the event.
Result: Petition disposed of; the festival organizers are permitted to celebrate only in a traditional, non-amplified manner consistent with the prior memorandum of understanding.
Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's Orders. Court's or Judge's orders.
CIVIL APPLICATION NO. 2156/2022
1. Heard.
2. Shri Atul Sabnis, Senior Police Inspector, Police Station Sitabuldi Nagpur, Branch is personally present before this Court.
3. A copy of the order passed by him on 24.09.2022 has been filed on record alongwith application seeking amendment of the writ petition filed by the petitioners.
4. Amendment application is allowed.
5. Amendments be carried out forthwith. The civil application stands disposed of, accordingly.
WRIT PETITION NO. 5935 OF 2022
1. Heard.
2. We have perused the order dated 24/09/2022.
3. The last condition of the order which is about the order being made subject to final result of this petition shows that Senior Police Inspector was well aware of pendency of this petition and this Court being seized of the matter, when he passed the order. Shri M.V. Samarth, learned Senior Advocate submits that the order has been made subject to final result of this petition. As we have already gone through the order, we are quite well aware of the condition so mentioned in the order. We, therefore, put a question to learned Senior Advocate as to why he, by interjecting in the midst of dictation of this order, pointed out this fact. His answer is that he has only pointed out this condition and nothing more. We feel that the petitioners are supporting this order. This is the reason why the petitioners are reminding this Court of the said condition, though we have already gone through the order. The order is nothing short of interfering with the administration of justice by this Court and therefore, the association i.e. respondent No.6 must not do anything which would amount to aggravating the interference with the administration of justice being made by the Senior Police Inspector.
4. Meanwhile learned GP Shri A. M. Deshpande, on instructions, submits that the senior Police Inspector would withdraw the order.
5. The statement is accepted and we treat this order as withdrawn by him. Now we shall proceed to hear the matter finally.
6. We have heard this matter further, there being an urgency involved in the whole issue. After all celebration of Devi Navratra Festival has commenced from today and from evening of this day and on wards, for nine nights, there would be celebration of the festival in various ways. Performance of ‘Dandiya’ and ‘Garba’ is one of the traditional ways of celebrating the festival and it is considered by a large section of Hindu religion to be the best way of expressing their devotion in its fullest form to the presiding deity of Navratra Festival.
7. Presiding deity may have different names such as Ambamata, Durgadevi, Kali, Uma, Bhairavi, Bhuwaneshwari and so on. But, these are only outwardly manifestations, as perceived by a devotee, of the underlying fundamental energy called “Shakti”. In Hindu pantheon `Shakti’ is considered to be so essential that without it no one can attain the ‘Truth’ or ‘Shivam’ or ‘Brahmah’ or ‘Moksha’ or ‘Supreme Reality’ ‘Salvation’ also called freedom from the cycle of birth and rebirth. Sri M the revered Indian spiritual Guru explaining the significance of Shakti has said thus:
“Shakti is most important because Shivam cannot be touched without the activation of the Shakti, without the `Havan Kund’ (“Holifire pit”), no homa can be done”.
8. So, in `Devi Navratra Festival’ what is worshipped for nine nights is a form of `Shakti’. The worship to goddess of Shakti is effective only when it is done with one pointed attention, without any hesitation, without any disturbance of mind coming from the atmosphere around us and without causing any disturbance to others. Therefore, a question would arise – Whether one pointed worship and devotion to the presiding deity of `Navratra Festival’ is possible if the celebration is noisy or is done in a manner as to cause annoyance and disturbance to others. There would
