Cannot Seek Mandamus Writ To Initiate Unfocused & Speculative Inquiry: Bombay HC Disposes PIL Seeking Total Ban On Loudspeakers Exceeding Noise Level Limits
|The Bombay High Court disposed of the Public Interest Litigation (PIL) seeking a total ban on the loudspeakers exceeding permissible limits of the noise levels.
The PIL was filed by Akhil Bharatiya Grahak Panchayat, a social service organisation seeking reliefs.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar said, “Moreover, the reliefs sought in prayers (a) to (c) appear to be in the nature of a roving inquiry without the independent presentation of factual material. The petitioner is required to independently establish a prima facie case and cannot seek an order from this Court to summon records and an action taken report in the context of the judgment in Dr.Mahesh Vijay Bedekar. ... The petitioner cannot seek a writ of mandamus to initiate an unfocused and speculative inquiry into whether there has been violation of the directions issued by this Court without presenting prima facie evidence of such violation as mentioned in paragraph 102 of the said judgment.”
The Bench permitted the aggrieved parties to approach the appropriate Court through appropriate legal proceedings as permitted by law.
Advocate Sattyendra Muley represented the petitioner while Government Pleader P.P. Kakade and Advocate Abhinandan B. Vagyani represented the respondents.
In this case, the petitioner sought relief by requesting the Court to summon records and an action taken report pursuant to the judgment in the case of Dr. Mahesh Vijay Bedekar v. The State of Maharashtra & Ors., reported in 2016 SCC OnLine Bom 8894. It further prayed for enforcement of the Noise Pollution (Regulation and Control) Rules, 2000, and the relevant provisions of the Environment (Protection) Act, 1986. Additionally, it sought a total ban on the sale, lease, import, and use of loudspeakers and sound systems that emit noise levels exceeding the permissible limits specified in the Noise Pollution Rules, 2000. It also requested a directive for the submission of a report regarding the use of hazardous light laser beams during various processions and ceremonies and sought a complete ban on the sale and use of such hazardous laser beams in public places until the State formulates appropriate regulations.
The petitioner claimed to be a social service organization reputed for its tireless efforts in addressing issues concerning consumer rights, public awareness of laws, equitable water supply, and the protection and overall improvement of civic amenities across the country. It asserted that, based on a report published by the College of Engineering, Pune, and its analysis, the noise pollution levels in Pune reached hazardous levels during the Ganesh Festival in 2023. The prescribed norms for residential areas are 55 decibels during the day and 45 decibels at night. However, during the 2023 Ganesh Festival, the average noise pollution level from 4:00 a.m. until midnight was approximately 101.3 decibels in the residential areas of Pune City.
The High Court after hearing the contentions of the counsel observed, “Seeking data on all complaints of noise pollution over the past two years and a report on the action taken on such complaints would also constitute a speculative inquiry.”
With regard to the use of light laser beams in public places, the Court noted that as per the petitioner, there is currently no law in force specifically regulating the use of such light laser beams.
“In absence of any specific legislation or regulation governing the light laser beams, the petitioner is at liberty to submit a detailed representation to the appropriate Statutory/Administrative authorities and/or the State Government, requesting immediate measures to regulate the use of light laser beams in public spaces, public gatherings, and events”, it added.
The Court said that it shall be open for the petitioner to bring to the notice of the Police Authorities the applicability of Section 125 or any other relevant provision of the Bhartiya Nyaya Sanhita, 2023 (BNS), if the facts justify filing of such a complaint.
“… while keeping the remedies available to all concerned parties to ventilate their rights arising from the non-implementation of the directions issued in paragraph 102 of the judgment in Dr. Mahesh Vijay Bedekar open for ventilation of grievances in the appropriate Court through appropriate legal proceedings, and subject to the petitioner’s right to make representations regarding the regulation of light laser beams before the appropriate authority, this public interest litigation petition is disposed of”, it concluded.
Accordingly, the High Court disposed of the PIL.
Cause Title- Akhil Bharatiya Grahak Panchayat v. The State of Maharashtra & Ors. (Neutral Citation: 2024:BHC-AS:33296-DB)
Appearance:
Petitioner: Advocate Sattyendra Muley
Respondents: Govt. Pleader P.P. Kakade, Additional GPs O.A. Chandurkar, G.R. Raghuwanshi, Advocates Ashutosh Mishra, Abhinandan B. Vagyani, and C.M. Lokesh.