ANAND BHIMRAO SALVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner has approached this Court by way of Writ Petition, under Article 226 of the Constitution of India, praying for direction against the Respondents 2-4 to take action against the organizers of the Aurangabad Premier League (T-20 Cricket Matches) (hereinafter referred to as APL) who have had held cricket tournament at ADCC Stadium on a large scale situated at N-2, CIDCO, Aurangabad and caused harm by creating noise pollution, by using high volume sound systems during the whole day when the tournament was in progress. Further, it is prayed that the Respondents 2-4 be directed to stop the high volume sound system used during the matches conducted for the purpose of APL Tournament. It is further prayed that the Respondents 2-4 be directed to call upon the Respondent No. 5-Organizers of APL Tournament, to shift the ongoing event to any other stadium.

(2.) The Petitioner asserts that he is residing at N-2, CIDCO nearby the said ADCC Stadium. The said area is a residential area. The stadium is essentially an open ground without any enclosures and is being used by the children staying in the said area for sports activities and also by the local residents for brisk walking. It is stated that the Respondent No. 5 decided to organize APL Tournament commencing from 2nd March, 2010 until 11th March, 2010, till the final match. The cricket matches were to be held on the said ground between 10.00 a.m. till 10.00 p.m. during the relevant period. It is stated that on 2nd March, 2010, the inauguration of APL Tournament was held in the presence of many politicians who were associated with the APL. Some of them were quite prominent personalities. As a result, the inaugural function was attended by large number of persons and which function continued till 11.00 p.m. on that day. It is stated that during the inaugural function, loudspeakers and other electronic sound systems were used causing severe noise pollution in the vicinity of the said ground. After the inaugural session, the tournament started from 3rd March, 2010 at 10.00 a.m. and continued till 10.00 p.m. During the whole day, the organizers used high volume sound systems and caused severe noise pollution. This was in complete disregard to the fact that the said stadium is in the thick of the residential colony; and more importantly at the relevant time the Board examination for Xth standard and XIIth standard had just commenced. Thus, causing distraction to the students appearing in the Board examination and in particular residing in the neighbourhood. Besides, the other school or college going students in Aurangabad and in particular in the neighbourhood of the stadium were to appear for their other final examinations during the same period. Since the nuisance caused on account of noise pollution was severe, the Petitioners and other persons residing in the same locality approached the Organizing Committee of Respondent No.5 and requested them to forbear from using high volume sound system and causing noise pollution and distraction to the residents and in particular students in the area. Inspite of the said request since the offending activity continued unabated, the Petitioner approached the District Collector-Aurangabad, Police Commissioner- Aurangabad and Municipal Commissioner of Municipal Corporation-Aurangabad vide representation dated 3rd March, 2010 complaining about the nuisance caused on account of high volume sound system operated in the stadium throughout the day from 10.00 a.m. and continued till night time upto 11.00 p.m. The Petitioner called upon the said Authorities to immediately intervene-considering the fact that the students staying in the vicinity of the said stadium were to appear for their respective examinations and were being distracted by the music played in the stadium throughout the day at high volume. The Petitioner also invited the attention of the concerned Authorities to the decision of the Apex Court with regard to measures to be taken in relation to noise pollution.

(3.) It is stated that XIIth standard Board examination had already started from 23rd February, 2010 which was continuing during the relevant time and the Xth standard Board examination was to commence from 4th March, 2010. Besides, the children staying in the said locality were expected to appear for their Annual Examinations and were distracted by the mega event conducted in the said ground, which was an open stadium without any enclosures and access to the said event was open to all without payment of any charges. Since the complaint made by the Petitioner remained unaddressed, the Petitioner immediately rushed to this Court on 4th March, 2010 by way of present Writ Petition and has asked for the reliefs as referred to earlier.