Allowed

Shri Vile Parle Patidar Mandal v. State of Maharashtra and 2 Others

Bombay HC24 Sept 2014WP/2303/2014

Case brief

AI extract

What is this about?

The Writ Bench allowed petitioner to use DJ sound system for Navratri Festival, modifying a police restriction to balance cultural freedom with noise concerns near a hospital, subject to decibel and time undertakings.

What did the court decide?

Permission granted to use DJ sound system subject to undertaking to adhere to decibel levels, time limits, and traffic/parking arrangements.

Shri Vile Parle Patidar Mandal Vs State of… — Public Procurement and Tenders | Bombay HC (2014)

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WPL/2573/2014

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.2573 OF 2014

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Shri Vile Parle Patidar Mandal

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…. Petitioner.

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V/s

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State of Maharashtra & Ors.

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…... Respondents.

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Mr. Mukesh Vashi, Senior Advocate alongwith Makarand Kale and Mr. S.M. Sharma i/b M/s M.P. Vashi & Associates for the Petitioner.

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Mr. D. A. Nalawade, Government Pleader for the Respondents / State.

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CORAM: V. M. KANADE & P.D. KODE, JJ.

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DATE: 24^th September, 2014

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P.C.:-

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Petitioner is a Mandal which proposes to hold Navratri Festival from 25^th September, 2014. Grievance of the Petitioner is that though the application was made well within time to the concerned authorities seeking permission for having Dandia Rass at the place mentioned in the application, no decision has been taken by the authorities. It is submitted that permission has been obtained by the Mandal from four authorities. However, no reply has been given by the Police.

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WPL/2573/2014

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It is submitted that the said Festival is being held on non-commercial basis. This, however, has been seriously disputed by the learned Government Pleader appearing on behalf of the State.

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After the Petition was heard by us in the morning, time was taken by the learned Government Pleader to take instructions and therefore, the matter was kept in the afternoon.

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We are now informed by the learned Government Pleader that a permission has been granted to the Petitioner to hold Navratri Festival at the time and place mentioned in the said order and they have been asked to conform to the decibel level which is mentioned in the said order. Permission is granted to begin the Festival from 6.00 P.M to 10.00 P.M.

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Mr. Vashi, the learned Counsel appearing on behalf of the Petitioner, however, has taken objection to the second condition which is imposed by Respondents in which it is mentioned that the Petitioner shall make use of integrated sound system and not DJ sound system. The learned Government Pleader has submitted that there is a Naturopathy Hospital which is situated nearby and senior

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WPL/2573/2014

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citizens have filed several complaints regarding the use of DJ sound system.

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The learned Counsel for the Petitioner, on the other hand, has invited our attention to the order passed by the Division Bench of this Court dated 23^rd October, 2012 in Writ Petition (Lodging) No.2556 of 2012. We have perused the said order. By the said judgment and order dated 23^rd October, 2012, this Court has laid down various guidelines regarding the manner in which the Festival has to be organized and has observed that delicate balance has to be drawn between the public health and cultural festivals, and the Government Authorities and various non-governmental organizations need to sit across the table and discuss the modalities as to how this balance is to be achieved.

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The learned Counsel for the Petitioner submitted that on 31/12/2013 on the new year's eve, police authorities have granted permissions to the organizers of the said function to use DJ sound system and alcohol was also served among other things. It is submitted that, therefore, it is not open for the Respondents to discriminate between the Petitioner and other organizations which have been permitted use of DJ sound system. We are informed that school authorities and hospital have given their no objection for holding this Navratri festival.

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WPL/2573/2014

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Taking into consideration the ratio of the judgment of the Division Bench of this Court dated 23^rd October, 2012 in Navyuvak Mitra Mandal vs. The State of Maharashtra passed in Writ Petition (Lodging) No.2556 of 2012, we are of the view that condition No.2 needs to be modified and we permit the Petitioner to use DJ sound system, provided they give an undertaking to this Court within 48 hours that they shall not violate decibel level which has been imposed while granting the permission to the Petitioner. The Petitioner shall also give undertaking to this Court that the Petitioner shall adhere to the time which has been imposed by the Respondents – Police. The Petitioner shall also give an undertaking to this Court that as far as possible they will ensure that there are no traffic jams and adequate parking facilities shall be made available to those people who want to participate in this event. Whenever an application is made for extending time, as is permitted to others, the same may be considered by the police in accordance with law. With the above direction, writ petition is disposed of.

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(P.D. KODE, J. ) (V.M. KANADE, J.)

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BDPPS

Shri Vile Parle Patidar Mandal v. State of Maharashtra and 2 Others

Case brief

What is this about?

What did the court decide?

Shri Vile Parle Patidar Mandal v. State of Maharashtra and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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