Advocates:
['TAHIR HUSAIN', 'S C', '', 'MATA PRASAD']

Court No. - 5

Case :- CONTEMPT APPLICATION (CIVIL) No. - 5942 of

2014

Applicant :- Abdul Kayyum

Opposite Party :- Sri Neeraj Gutpa Prin. Secy. Home Lko. And

3 Others

Counsel for Applicant :- Tahir Husain

Counsel for Opposite Party :- S.C.,Mata Prasad

Hon'ble Saral Srivastava,J.

1. Heard learned counsel for the applicant.

2. The applicant has alleged violation of interim order of Writ

Court dated 27.05.2013 & order dated 13.09.2013 passed in

Writ-C No.26941 of 2013. The relevant extract of the order

dated 27.05.2013 is reproduced herein below:-

"11. Taking into consideration of the aforesaid facts and circumstances,

we direct that the respondents will ensure that in village Kakoda, P.S.

Kadar Chowk, Tehsil Sadar, District Budaun both temples and mosque

will be allowed to use microphone/loud speaker within permissible limit of

decibels i.e. at low noise levels within the prescribed decibels limit.

Wherever exact decibel limit can not be measured by the administration,

the noise should not be heard beyond 50 meters from the place where it is

originating.The temple or mosque management will not be allowed to use

amplifiers and any extension - speakers outside the premises

12. We also direct that during night time i.e. between 10.00 PM to 6.00

AM, as notified in schedule to Noise Pollution [Regulation and Control]

Rules 2000, no microphone/loudspeaker will be permitted to be used and

played, whether it is temple, mosque, church, gurudwara or any religious

or public other place. This restriction will not be applicable to the prayers

and 'namaz' during day time i.e. 6.00 AM to 8.00 PM.

13. We also find it appropriate to issue directions, in pursuance of the

directions of Supreme Court as accepted by the State Government in its

policy decision dated 12.10.2010, that no building for the religious

purpose will be permitted to be constructed on public roads, streets,

pavement, public parks and other public places.

14. Learned standing counsel is directed to place on record a positive

policy decision taken by the State Government, with regard to use of

microphones/loud speakers in tune with the decisions referred to as above,

and Noise Pollution [Regulation and Control] Rules 2000, made under

Environment (Protection) Rules 1986.

15. The policy with regard to use of microphones/loud speakers, to be

framed by the State Government will also be made to cover the use of

microphones, for all other purposes including meetings, marriage

procession, religious festivities, elections etc. The State Government, in

the policy to be framed, will also consider banning of the use of loud

speaker/microphone during examination period i.e. between March to

May every year."

3. The relevant extract of the order dated 13.09.2013 is

reproduced herein below:-

"The Supreme Court has already passed the order not to raise

construction in the name of temple, Church, Mosque or Gurudwara etc on

public streets, public parks or other public places etc., which is binding

under Article 142 of the Constitution. Though it is not necessary to

reiterate the said directions, the district administration/public authorities

will take immediate steps to remove unauthorized constructions for

religious purpose wherever they have been raised on public places and to

stop further constructions on public places.

A copy of the order will be sent to the Chief Standing Counsel for

communicating the order to the Principal Secretary (Home), for

compliance of the order."

4. The applicant alleges that despite the stay order passed by

Writ Court in Writ-C No.26941 of 2013, opposite parties have

not acted upon it and confined the use of loudspeakers within

the permissible limit of decibels i.e. at low noise levels within

the prescribed decibels limit and wherever exact decibel limit

can not be measured by the administration, the noise should not

be heard beyond 50 meters from the place where it is

originating.

5. Th