SHEIKH IKRAM SHEIKH ISRAIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) CHALLENGE in this appeal is to the order passed by a Division Bench of the Bombay High Court.

(2.) BACKGROUND facts in a nutshell are as follows: Appellants are residents of Bhandara since the time of their forefathers. They are engaged in the business of manufacturing brass utensils. Undisputedly they carry on the same business in their respective houses. On 18.7.2003 the Superintendent of Police, Bhandara issued notices to the appellants directing them to stop their business within two days from the date of receipt of the order, failing which suitable legal action would be taken. The reasons disclosed in the notice were that in the process of preparing brass utensils, noise pollution is created which affects the neighbours, teachers and students around and nearby the houses of the appellants. The appellants took the stand that they were in business before the opening of the school in the vicinity of their houses and there cannot be any complaint of noise pollution against them. On that basis the writ petition was filed impugning order of the Superintendent of Police. Reply affidavit was filed by the said Superintendent of Police as respondent No. 3 in the writ petition indicating that the mechanical power is used in the production of brass utensils as it facilitates pressing, embossing, spinning, cutting and buff polishing. It was stated that because of the aforesaid activities noise pollution in the vicinity is caused and the area being thickly and densely populated area, it was causing annoyance in addition to noise pollution. The Superintendent of Police had called for a report from the Maharashtra Pollution Control Board, Nagpur (in short the 'Board') who had also suggested that the noise level in the area is very high and amounted to nuisance. In view of the above position, the writ petition was dismissed.

(3.) THE Government of Maharashtra also has empowered the concerned authority for prohibiting the continuance of music or noise and the power includes prevention, prohibition, control or regulation of the carrying on in/or upon any premises of trade, avocation or operation or process resulting in/or attended with noise.