gopi 1 nm-456-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY. ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.456 OF 2011 IN PUBLIC INTEREST LITIGATION NO.116 OF 2009 Wecom Trust & Ors. .. Petitioner V/s. The Union of India & Ors. .. Respondents. And Anil Parab & Anr. ... Applicants Mr. Virag Tulzapurkar with Mr. Firoz Palkhiwala i/b. Udwadia & Udeshi for the petitioners. Mr. V.A. Thorat i/b.Mr. P.J. Thorat for the applicant in Notice of Motion. Mr. D.A. Nalawade, Government Pleader with Mr. V.B. Sharma for respondent Nos. 2 and 3. Mr. H.V. Mehta for respondent No.1. Mr. K.K. Singhvi with Mr. J.J. Xavier and Ms.Manasi Joshi i/b. S.U. Deshmukh for respondent No.4. CORAM: MOHIT S. SHAH, C.J., AND MRS.ROSHAN DALVI, J. DATED : 27 September 2011. P.C. The applicants have challenged the communication dated 14 September 2011 of the Assistant Municipal Commissioner of the Municipal Corporation of Greater Mumbai rejecting the applicants’ application for permission for use of loud speakers at Shivaji Park Ground on 6 October 2011 between 5.00 p.m. to 10.00 p.m. on the gopi 2 nm-456-11 occasion of annual Dusshera gathering to be held at Shivaji Park, Dadar, Mumbai. 2. The learned Counsel for the applicants has relied upon the order dated 11 October 2010 by which the Municipal Corporation was directed to grant such permission on the occasion of the annual Dusshera gathering at Shivaji Park last year, particularly reiterating that the applicants are holding the Dusshera gathering for the last 40 years on the same ground. 3. In the affidavit dated 22 September 2011 in support of the Notice of Motion, Mr.Anil Parab, who is the Zonal President of Shiv Sena, Zone -2 at Mumbai has stated on oath that the applicants would conform to the decibel levels for Silence Zone i.e. 50 decibels during the day time. 4. Mr. Tulzapurkar, learned Counsel for the PIL petitioner in PIL No. 116 of 2009 has opposed the Notice of Motion and submitted that last year also after obtaining the permission, the applicants did not abide by the Noise Pollution (Regulation and Control) Rules, 2000 and that the levels had gone upto 90 to 100 decibels. 5. Mr. Thorat, learned Counsel for the applicants states that the applicants have been taking precautions by providing sound barriers, but last time the noise levels were recorded inside the ground and not outside the ground. It is submitted that people outside the ground can make grievance about the breach of the noise pollution norms, but those who enter the ground do so voluntarily and, therefore, the noise levels gopi 3 nm-456-11 must be measured outside the ground. 6. Mr. Singhvi, learned Counsel for the Municipal Corporation submits that the permission was refused in view of the order dated 5 May, 2010 of this Court in PIL No.116 of 2009. 7. Having heard the learned Counsel for the parties and having regard to the fact that the annual Dusshera gathering is being held every year at Shivaji Park, Dadar, Mumbai for several decades, we direct the Municipal Corporation of Greater Mumbai to grant the applicants’ application for permission for use of loud speakers at Shivaji Park on 6 October 2011 between 5.00 p.m. and 10.00 p.m, subject to the condition that the applicants shall abide by the Noise Pollution (Regulation and Control) Rules, 2000 and noise levels prescribed in the Schedule. The noise shall be measured outside the periphery of the Shivaji Park, Dadar, Mumbai. 8. As regards prayer (b), the Municipal Corporation shall consider the application for permission for erection of temporary stage at the Shivaji Park for the above function as a consequential permission. After the Dusshera celebrations are over the applicant shall restore the Shivaji Park ground to its original condition within 24 hours. Notice of Motion accordingly stands disposed of. (CHIEF JUSTICE) (ROSHAN DALVI, J.)