Allowed

Akhil Parksite Warkari Sampradaya Mandal v. State of Maharashtra and 2 Others

Bombay HC17 Oct 2016WP/2756/2016

Case brief

AI extract

What is this about?

In a writ petition, the High Court directed the police to grant permission for loudspeakers for a religious function in a silent zone, conditioned on the decibel level not exceeding 50 dB, use between 7:30 PM and 9:30 PM, and no nuisance to nearby establishments. The petition was disposed of by following an undertaking on these terms.

What did the court decide?

The court directed the police to grant permission for loudspeakers with conditions: max 50 decibels, time limit 7:30 PM to 9:30 PM, 18–25 October, and no nuisance to neighbors.

Akhil Parksite Warkari Sampradaya… — Constitutional and Fundamental Rights | Bombay HC (2016)

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P1-WPL.2828.2016.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION (L) NO. 2828 OF 2016

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Akhil Parksite Warkari } Sampradaya Mandal } Petitioner versus State of Maharashtra } and Ors. } Respondents

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Mr. B. P. Pandey with Mr. Anand Pandey i/b. Mr. Ashok Pandey for the petitioner.

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Mr. Kaushal R. Trivedi – AGP for respondent nos. 1 and 2.

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Mr. Rajendra Kulkarni – Senior Police Inspector, Parksite Police Station present.

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CORAM :- S. C. DHARMADHIKARI & B. P. COLABAWALLA, JJ.

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DATED :- OCTOBER 17, 2016

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P.C. :-

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The petitioner has moved this writ petition because the Parksite Police Station, Mumbai has refused permission to install the loudspeakers for a religious function to be held, namely, Akhand Harinaam Saptah from 18th October, 2016 to 25th October, 2016. It is stated that the Akhand Harinaam Saptah would be for two hours everyday from 7.30 p.m. to 9.30 p.m. It would be held in a pandal, for which, permission under a distinct law has been obtained. However, the loudspeaker permission is

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Page 1 of 3

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J.V.Salunke,PA

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P1-WPL.2828.2016.doc

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refused for this Harinaam Saptah to be held everyday from 7.30 p.m. to 9.30 p.m. between 18th October, 2016 to 25th October, 2016 on the specious ground that if the loudspeakers are allowed to be installed, that will cause disturbance to the public, particularly the nearby night school. Secondly, the installation of the loudspeakers is not permitted in a silent zone.

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After arguing the matter for some time and we were enlightened by the learned AGP that in silent zone loudspeakers can be permitted to be installed provided the noise does not exceed the maximum permissible decibel limit that we dispose of the writ petition by following directions:-

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(i) On the statement of the petitioner's counsel, made on instructions and accepted as an undertaking given to this court that the decibel level will not exceed, in any event, maximum 50 decibels, we direct the Parksite Police Station to grant the permission to install and use the loudspeakers at the function commencing tomorrow, namely, Akhand Harinaam Saptah.

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(ii) The loudspeakers shall be used only between 7.30 p.m. to 9.30 p.m. from 18^th October, 2016 to 25^th October, 2016.

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(iii) The petitioners will not cause any nuisance to nearby night school or any other establishment falling within the prohibited category.

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Page 2 of 3

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J.V.Salunke,PA

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P1-WPL.2828.2016.doc

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(iv) The permission shall be granted by the concerned police station on payment of requisite charges and compliance with other rules and conditions.

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The writ petition is disposed of. The parties to act upon an authenticated copy of this order.

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(B.P.COLABAWALLA, J.) (S.C.DHARMADHIKARI, J.)

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Page 3 of 3

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J.V.Salunke,PA

Akhil Parksite Warkari Sampradaya Mandal v. State of Maharashtra and 2 Others

Case brief

What is this about?

What did the court decide?

Akhil Parksite Warkari Sampradaya Mandal v. State of Maharashtra and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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