T R KURIAKOSE Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) These two petitions have been filed in public interest. They bring into focus a public nuisance allegedly causing tremendous inconvenience to the residents of Chittaranjan Park area on account of what is described by the petitioners as 'misuse of two Community Centres', one named ?Chittaranjan Bhavan? and the other called ?Bangiya Samaj?. While Chittaranjan Bhavan is a two-storeyed building constructed over a site measuring around 1 acre, Bangiya Samaj happens to be a four storeyed building constructed over an area measuring 0.5 acres. The petitioners' grievance in the writ petitions primarily is that both the Community Centres which are being run by two Societies registered under the Societies Registration Act, 1860, respondents No. 5 and 6 in these petitions are being misused by the said societies causing grave inconvenience to the residents of the area and making their lives miserable on account of constant noise pollution and pollution arising out of holding of all types of functions leading to littering of food articles, garbage and other related problems. The petitioners have therefore prayed for a mandamus directing the Commissioner of Police to ensure that the two societies mentioned above do not indulge in any activity which disturbs the peaceful living of the petitioners and the occupants of other properties in the vicinity of the two Community Centres. A further direction to the Police to take appropriate action against the Societies for causing bodily harm and mental torture to the petitioners and their family members has also been prayed for. A direction for constituting a public body to go into the question of noise and atmospheric pollution and problems of health hazards is also one of the prayers in the petition apart from other reliefs to which we need not advert at this stage.

(2.) The respondents have contested the petitions and asserted that the two buildings referred to above are constructed over plots of land which were specifically set apart for Community Centres. The Counter Affidavit further alleges that the buildings constructed over the said two sites have been used for holding community functions only without there being any commercial angle to the same. It is alleged that two libraries set up by the Societies and housed in portions of the two buildings are being used by the Members of the Societies and the residents of the Chittaranjan Park area. The allegation that use of the buildings has resulted in any inconvenience, discomfort or torture to the residents of the area have been denied. It is alleged that the petition is motivated and is meant to prevent legitimate use of the buildings for purposes which are perfectly justified and legally permissible.

(3.) We have given our anxious consideration to the submissions made at the bar and perused the record. The allegations made by the petitioners regarding the nature of the use to which the societies are putting the buildings and the reply to the same by the respondents give rise to seriously disputed questions of fact which cannot in our opinion be satisfactorily determined in the present extraordinary writ proceedings. Even so, learned counsel for the societies on instructions stated that the two buildings are not being used and shall not be used for any commercial purpose whatsoever and that even social events like marriage ceremonies, birthday parties and thread ceremonies etc., the two buildings shall be allowed to be used only by those who are bonafide residents of the Chittaranjan Park area. He urged that during Durga Puja festival days, the Bengali community who is the predominant community residing in this area at times uses the two halls for displaying handicrafts, handlooms and sarees by artisans of different States for a period of no more than three weeks immediately preceding the Durga Puja. It was urged that except for the said period and for a period of five days during Posh Mela in the month of January every year, the buildings in question shall not be put to any commercial use. It was further stated by the learned counsel on instructions that the respondent societies shall not allow the use of any loudspeakers by those to whom the buildings may be offered for use for any social function or for purposes of the limited activities referred to above. It is also stated that each one of the buildings has an in-house generator located on the roof. It was submitted by him that except the said two generators, no other generator shall be allowed to be used by anyone to whom the property may be offered for use for any social function.