- 1 - rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (Lodging) NO.1201 of 2010 Maharashtra Kho-kho Association .. Petitioner vs Commissioner of Police,Mumbai & ors. Respondents Mr.Aditya Khanna and Mr.Shishil Shukla for Petitioners Mr.Milind More A.G.P. for Respondent nos. 1 to 3. Mr.Sandeep Aole i.b Udwadia & Udeshi for Respondent nos.5 to 7 Ms.T.H.Puranik for BMC Respondent no.4 ... CORAM: R.M.SAVANT & MRS.MRIDULA BHATKAR,JJ (Vacation Court) DATED: 15th May, 2010 P.C. (Per R.M.Savant,J) Rule with the consent of the parties made returnable forthwith and heard. 1. This petition filed under Article 226 of the Constitution of India, takes exception to the order dated 12.5.2010 passed by the Senior Inspector of Police Shivaji Park police Station refusing permission to the petitioner to use loudspeakers during the 44th Senior National Kho-kho Tournament organised by it at Shivaji Kridasthan (Shivaji Park). This petition has - 2 - been moved for urgent reliefs in view of the fact that the National Tournament of Kho-kho is to commence from tomorrow i.e. 16.5.2010 at 7 a.m. Shom on details, a few facts may be cited which are necessary for adjudication of the present petition. 2. The Petitioner which is a State body, is an affiliated member of the Kho-kho Association of India and Maharashtra Olympic Association is responsible for promoting Khokho in the State of Maharashtra. The Petitioner has been organising Senior National Khokho competition for both Men and Women on regular basis at various avenues in the State. The Petitioner accordingly, is organising 44th Senior National Khokho Competition in the Samarth Vyam Mandir ground which is part of Shivaji Kridasansthan. The said national tournament is to be held from 16.5.2010 to 20.5.2010. In the said national tournament about 67 teams would be participating which would comprise 1200 participants comprising of both players and officials from across the country. The said tournament would also be attended by a large number of spectators within - 3 - the country as well as from abroad. 3. It is the case of the petitioner that towards conducting the said 44th National Khokho tournament the Petitioner has commenced the work relating to organising the same since January, 2010. The said tournament is being conducted under the auspices of the national body as well as Indian Olympic Association. The petitioner took a decision to conduct the said tournament in the city of Mumbai and therefore, applied for allotment of the said Samarth Vyam Mandir on 10.3.2010 to the Municipal Corporation of Greater Mumbai i.e. Respondent No.3 to the petition. The said application of the Petitioner was considered by the respondent No.3 and vide letter dated 22.4.2010 the said ground came to be allotted to the Petitioner for the said tournament on certain terms and conditions. From the point of view of the present petition, what is relevant is vide clause 4 it is obligated on the petitioner that proper care should be taken to see that sound is not heard beyond the allotted area. The petitioner thereafter paid an amount of Rs. 20,000/- towards the user of the said ground to the respondent no.3 corporation. The Petitioner - 4 - thereafter applied to the Senior Inspector of Police, Shivaji Park police station for the use of the loudspeakers. The said officer is the authority designated for the said purpose under “The Noise Pollution (Regulation and Control) Rules, 2000.” The said authority vide its letter dated 12.5.2010 which is impugned herein has refused permission for use of the loudspeakers. The Petitioner thereafter has represented to the Commissioner of Police, Mumbai vide letter dated 13.5.2010. However, the said letter has met with no response. The petitioner was informed that the said permission has been refused by the impugned letter in view of the order dated 5.5.2010 passed in P.I.L. No.116/2009 by which order the area within which Shivaji Park is situated has been declared as a silence zone and it is further been declared that Shivaji Park Krida Sansthan can only be used as a playground and for no other purpose. 4. During the course of hearing of the above petition, we have perused the said order dated 5.5.2010. The said order directs the respondent No.3-Corporation to take steps to declare Shivaji Park area as a silence zone which steps we are - 5 - informed the Corporation has initiated steps. However, as yet no notification in that behalf has been issued. 5. In so far as user of the playground is concerned, an exception is carved out in the said order in respect of 3 occasions namely Republic Day, Maharashtra Day and Mahaparinirvan day of Dr.Babasaheb Ambedkar for a period of two days. In the light of the rejection of the petitioner’s application for use of the loudspeakers on the basis of the order dated 5.5.2010 it would have to be considered whether exception in the matter of use of the loudspeakers can be made in favour of the Petitioner. As mentioned herein above, the order declaring Shivaji Park as a silence zone has been passed on 5.5.2010. The Petitioner with a view to organise the said Senior National Tournament of Khokho had initiated the process of organising the same sometime in January 2010 and had applied for allotment of the said ground on 3.3.3010 which application was granted by the Municipal Corporation of Greater Mumbai on 3.4.2010. This according to us would be a relevant consideration while arriving at a conclusion whether exception can be made in favour - 6 - of the Petitioners. 6. The other aspect which is required to be considered is that the Petitioner is a State body which is conducting the national tournament and in the said tournament a large number of State Associations would be participating. Teams from various States would be competing with each other and there would be as many as about 1100/1200 players who would be participating and whose aspirations would be involved as the said tournament would be the basis of selection for international events. The said tournament would also attract spectators from within the country as also from across India. 7. We therefore, find merit in the petitioner’s contention that considering the magnitude of the tournament which is a national tournament for its effective conduct, use of loudspeakers would be absolutely necessary as without them there cannot be a proper and effective conduct of the said tournament. Announcements regarding the matches, players, organisers and results would have to be made from time to time. It would also be relevant - 7 - to note that players from all over the country are going to participate and unless the players are given proper directions as also the officials and spectators conduct of the whole tournament would be seriously affected. 8. No doubt, we also cannot lose sight of the fact that Shivaji Kridasthan has been directed to be used as a playground and has been declared as a silence zone. However, in so far as the present petition is concerned, the user to which Petitioner wants the playground to be put to use satisfies and confirms to the restrictions imposed by the division bench namely that it is to be used as a playground. Therefore, in that sense there is no deviation if the petitioner is allowed to use the playground which in fact has been allowed by the Municipal Corporation for alloting it to the petitioner vide its letter dated 3.4.2010. The question is whether the petitioner should be allowed to use loudspeakers. In our view, the claim of the petitioner to use loudspeakers and the need for keeping Shivaji Park as a silence zone can be sub- served by balancing the two in an appropriate manner. - 8 - 9. In our view, therefore considering the facts and circumstances of the present case, interest of justice would be served if an exception is carved out in favour of the petitioner for a limited period, of the duration of the National tournament from 16.5.2010 to 20.5.2010 by allowing them to use loudspeakers subject to the following directions. (i) The petitioner would be entitled to use loudspeakers subject to the decibels mentioned in respect of the silence zone i.e. 50 db (A) Leg. (ii) The said loudspeakers can be used only between 7 a.m. to 12 noon and thereafter from 4 p.m. to 10 p.m. (iii) The petitioner can use loudspeakers only for making announcements as regards the players, teams, results, organisers, umpires and related matters. However, no running commentary would be permissible. (iv) No speeches on the loud speakers are permitted. - 9 - (v) No music or songs to be played on the loudspeakers. Learned counsel for the Original petitioners in P.I.L.Writ Petition No. 116/2009 is satisfied with the restrictions placed in the instant order. This is a one time exception carved out in favour of the present petitioner in the special facts and circumstances of the case and would not act as a precedent in future. 10. We therefore, dispose of the above petition by quashing the impugned letter dated 12.5.2010 and allowing the petition to the aforesaid extent by making the rule absolute accordingly. 11. The learned A.G.P. to communicate developments in this matter forthwith to the Senior Inspector of Police, Shivaji Police Station, Mumbai who will act upon the same on such communication. Parties to act on an authenticated copy of this order attested by the Associate of this Court. MRS.MRIDULA BHATKAR, J R.M.SAVANT, J - 10 - - 11 -