YASHWANT TRIMBAK OKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this Public Interest Litigation the State Government has taken out this Notice of Motion for permitting it to grant permission to various applicants for holding Navratri festival with the use of loudspeakers in Greater Mumbai from 13th to 21st October 1996 upto 1.00 a.m. It is pointed out that the authorities of State Government under the Rules called "the Rules for Licensing, Controlling and Prohibiting the use of Loudspeaker in or near all public entertainment place in Greater Bombay Rule, 1994" empowers them to grant exemption in certain cases.

(2.) It is submitted on behalf of the Government that Navratri festival is a special occasion for which exemption is required to be granted with certain limitations. The learned Advocate-General submitted that the licensing authority would strictly keep control over the use of loudspeaker and would permit use of box type loudspeaker only which would have no adverse effect on noise pollution. He submitted that considering the festival of Navratri, Court may permit grant of such permission to use loudspeaker upto 1.00 a.m.

(3.) This application is vehemently opposed on behalf of the Petitioner by learned Counsel Mr. S.A. Diwan and learned counsel Mr. C.U. Singh. They submitted that this application is filed so as to have an imprimatur of the Court for the State Government to infringe the provisions of Environment (Protection) Act, 1986 and for protecting themselves from the rigours of Sec. 15 read with Sec. 17 of the said Act. It is pointed out that religion nowhere requires that festivals should be celebrated by disturbing the peace of others or by creating noise or by use of loudspeaker or 'that loudspeaker is a must for observing religious festival. It is submitted that during Navratri festival, Garbas are played by the mass but that would not require any loudspeaker. In support of his submission, Mr. Singh pressed into service the decision of a Division Bench of this Court in The State of Bombay V/s. Narasu Appa Mali, wherein the Court has observed as follows :-