1 mss NMW+207 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 207 OF 2011 IN PIL WRIT PETITION NO. 2053 OF 2003 DR. YESHWANT TRIMBAK OKE & ORS... PETITIONERS Vs. THE UNION OF INDIA & ORS. .. RESPONDENTS AND VIDYA BHUSHAN MANIK .. APPLICANT Mr. Omprakash Pandey with Papori Sarmah i/b Pandey & Co. for the applicant Mr. Rohan Cama i/b Nankani & Associates for the petitioners Mr. D. A. Nalawade, GP with Ms. U. Palsuledesai, AGP for State. Ms. Vidya Gharpure for BMC CORAM: MOHIT S. SHAH, C.J. & SMT. RANJANA DESAI,J. DATED: 25/3/2011 P.C. This notice of motion is taken out by a third party in PIL Writ Petition No. 2053 of 2003 which is filed for enforcement of the Noise Pollution (Regulati8on & Control) Rules, 2000. 2 mss NMW+207 2. By interim order dated 25th September, 2003 this Court had directed that no loudspeaker permission be granted in respect of “Silence Zone” as defined and discussed in the Noise Pollution ( Regulation & Control) Rules, 2000, as amended from time to time. This Court also directed the respondents to issue loudspeaker permission after verifying and certifying that the loudspeaker will not be used in a designated Silence Zone. The said order also referred to the direction dated 27th August, 2003 which provided that nobody will be permitted to use loudspeakers other than as provided in the notification dated April 7, 2003 and the authorities were directed to ensure that even during the permissible period upto 10 p.m. or 12 midnight, as as the case may be, the loudspeakers would be tuned at a reasonably low decibel. 3. The applicant herein organizes an annual programme called Maha Lanth Sammelan which is supposed to be in the nature of Music, Dance and Comedy. The authorities have rejected the applicant’s application dated 11th January, 2011 on the ground that by order dated 25th September, 2003 this Court has restrained the authorities from granting permission for using loudspeakers in a silence zone within radius of 100 mtrs. from the place of courts, Hospitals, Educational Institutions and Religious places. 4. Learned counsel for the applicant submits that admittedly there is no court, hospital or educational institution within the radius of 100 mtrs. from the place where the programme is to be organized; that the programme is to be organized on Sunday 27th March 2011 between 4 p.m. to 10 p.m. and, therefore, there will be no inconvenience or disturbance to any person visiting or working in courts, hospital or educational institution. 3 mss NMW+207 5. Learned counsel for the writ petitioner in the PIL submits that since the programme is proposed to be organized within a distance of 100 mtrs. from a religious place, the place in question is considered as a silence zone and, therefore, the authorities have rightly rejected the application for permission to use loudspeakers. 6. Mr. Nalawade, learned Government Pleader submits that in the past the authorities had found that some of the items in the programme were presented in an objectionable manner. Mr. Nalawde on instructions from authorities now submits that the programme will be organized on the road. 7. Learned Counsel for the applicant states that the petitioners have no objection, if the programme will be videographed by the police at applicant’s cost. 8. Having heard the learned counsel for the parties and it having been brought to the notice of this Court that the programme will be organized on a road, we clarify that the respondents shall consider the applicant’s application on its own merits without being influenced by the order dated 25th September, 2003. 9. Notice of motion is disposed of. 10. The parties to act on ordinary copy of this order duly authenticated by the Registry. (CHIEF JUSTICE) (SMT. RANJANA DESAI, J.)