Mazdoor Kisan Shakti Sanghatan vs Union Of India

4) The prayer made in the Original Application was to pass Writ Petition (Civil) No. 1153 of 2017 & Ors. Page 4 of 72 appropriate orders directing the Police Commissioner and other government authorities (who were arrayed as respondents) to disallow the protestors of Jantar Mantar Road stretch between Ashoka Road and Parliament Street or prevent them from using loudspeaker or public announcement system. The NGT after hearing the matter has rendered its judgment on 5 th October, 2017, allowing the Original Application of Respondent Nos. 1 to 7 with the issuance of following directions:

5. The specific area covered by this prohibitory order, will be the area and building surrounded by Sansad Marg/opposite Registrar of Co-operative Societies, Old Court Building, towards Sansad Marg/Ashoka Road crossing, Ashoka Road, Windsor Place (inclusive Road), Ashoka Road upto Man Singh Road/Ashoka Road R/A, T/R Man Singh Road (exclusive) upto Rajpath, then T/R on Rajpath (inclusive) upto Vijay Chowk , then T/L upto South Fountain, T/R Dalhousie Road upto R/A Dalhousie Road/ Writ Petition (Civil) No. 1153 of 2017 & Ors. Page 9 of 72 Rajaji Marg/Dalhousie Road (exclusive R/A), T/R South Block, Rajpath, North Block, Central Sectt., Church Road upto Gate No. 35 of Rashtrapati Bhawan including MP Flats, North Avenue upto R/A RML (exclusive), Baba Khark Singh Marg upto Gole Dakkhana (exclusive) T/R Ashoka Road T/L Jai Singh Road, excluding Sansad Marg/Tolstoy Marg crossing, Sansad Marg upto Registrar of Co- operative Societies, Old Court Building and Jantar Mantar Road/Tolstoy Marg Crossing, Jantar Mantar Road upto R/A Jantar Mantar Road and Ashoka Road. A details map of this area is enclosed as Annexure to this order.

The residents who have to bear the aforesaid problem includes their children and old aged family members. The constant loud noises, round the year, from the protest ground seriously disturb the children even during their examination time. Similarly, the elderly residents have also been diagnosed with noise age related problem. The residents on the stretch of Jantar Mantar road are totally at the mercy of the protestors. Writ Petition (Civil) No. 1153 of 2017 & Ors. Page 37 of 72

40) In the aforesaid conspectus, the NGT has given the directions (already reproduced above) which include shifting the protestors, agitators and the people holding dharnas to the alternative site at Ramlila Maidan, Ajmeri Gate, Delhi.

41) In order to have holistic view of the issue raised in the Writ Petition (Civil) No. 1153 of 2017 it becomes necessary to first deal with the challenge to the aforesaid orders passed by the NGT, as the particular result of these appeals preferred against that judgment would facilitate the Court to find out the solution for Boat Club area which is the subject matter of the writ petition. Therefore, we first proceed to examine the validity of the judgment dated 5th October, 2017, rendered by the NGT.

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62) We feel that the pathetic conditions which were caused as a result of the processions, demonstrations and agitations etc. at the Jantar Mantar were primarily because of the reason that authorities did not take necessary measures to regulate the same. Had adequate and sufficient steps were taken by the authorities to ensure that such dharnas and demonstrations are held within their bounds, it would have balanced the rights of protestors as well as the residents. For example, the dharnas and protests were allowed to be stretched almost on the entire Jantar Mantar road, on both sides, and even across the width of the road. Instead, a particular area could have been earmarked for this purpose, sufficiently away from the houses etc. so that there is no unnecessary blockage of roads and pathways. Likewise, the demonstrators were allowed to go on with non-stop slogans, even at odd hours, at night, and that too with the use of loudspeakers etc. The authorities could have ensured that such slogans are within the parameters of noise pollution norms and there are no shoutings or slogans at night hours or early morning hours. Again, these dharnas, agitations and processions could Writ Petition (Civil) No. 1153 of 2017 & Ors. Page 62 of 72 be prohibited on certain occasions, for example, whenever some foreign dignitaries visit and pass through the said area or other such sensitive occasions. The authorities could also ensure that the protestors do not bring their trucks/buses etc. and park those vehicles in and around the residential buildings; the protestors are not allowed to pitch up their tents and stay for days together; they are not allowed to bathe or wash their clothes using Delhi Jal Board tankers or defecate in the open, on pavements; and do not create any unhygienic situations. The authorities could also examine, while allowing such demonstration, as to the number of protestors who are likely to participate and could refuse permission to hold any such demonstration etc. when the number is going to be abnormally large which, if allowed, would per se create hardships of various kinds to the residents. These are some of the examples given by us. The underlying message is that certain categories of peaceful protests and demonstrations, in a guarded and regulated manner, could be allowed so as to enable the protestors to exercise their right and, at the same time, ensuring that no inconvenience of any kind is caused to the residents.

65) Having regard to the aforesaid discussion, we direct the Commissioner of Police, New Delhi in consultation with other concerned agencies, to devise a proper mechanism for limited use of the area for such purposes but to ensure that demonstrations, etc. are regulated in such a manner that these do not cause any disturbance to the residents of Jantar Mantar road or the offices situated there. Detailed guidelines in this respect can be formulated. We may also clarify that a provision can be made for taking requisite prior permission from the Police Commissioner (or his delegated authority) for holding such demonstration by a particular group and while examining such proposals the parameters can be laid down which shall be looked into in order to decide whether the permission is to be granted or not. Two months’ time is given to the Commissioner of Police, New Delhi for formulating such guidelines.

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71) Writ petitions and appeals stand disposed of in the aforesaid terms.

JULY 23, 2018.

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