(PER :
HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA) By this Public Interest Litigation, the petitioner has prayed for a direction upon the respondents so that loud speakers are not permitted to continue after 12.00 midnight during Navratri festival of this year in the District of Gandhinagar and if anyone continues use of loud speaker after 12.00 midnight, the authorities should act immediately. The petitioner has also prayed that the Superintendent of Police, Gandhinagar should be directed to implement the Noise Pollution (Regulation and Control) Rules, 2000 [hereinafter referred to as the Rules and a particular police officer should be appointed as the implementing authority during this Navratri festival, and the name, mobile number and telephone number of such authority should be published in the electronic and print media so that violation of the Rules can be brought to the notice of the said authority immediately.
The petitioner has drawn the attention of the Court to the fact that this Bench, vide order dated 16th October 2012 passed in Special Civil Application No. 13810 of 2012, issued similar directions during the Navratri festival of the last year in respect of Junagadh District.
It appears that the Supreme Court, in the case of NOISE POLLUTION (V), IN RE reported in (2005) 5 SCC 733 has already passed a direction for implementing the Rules and our attention has been drawn to the fact that Gujarat Government has also issued a notification dated 24th January 2013, published in the Gujarat Government Extraordinary Gazettee dated February 2, 2013, thereby permitting use of loud speakers or public address system only between 10.00 PM and 12.00 midnight in respect of 9 days of Navratri festival.
Such being the position, the District Superintendent of Police, Gandhinagar is now required to nominate an officer who will be implementing authority of the Rules in the District of Gnadhinagar during this Navratri festival and publish his mobile number and telephone number so that in case of any breach of the said rule, the general public can lodge complaint before such authority.
We accordingly direct the respondent No. 3 to nominate such an officer and by way of advertisement in electronic and print media, publish the name, mobile and telephone number of such officer where the general public can lodge complaint in case of any breach of the said rule. Such advertisement should be given by tomorrow, the 4th October 2013.
The petitioner has also prayed for a direction upon the respondents to issue a notification in terms of section 33(1)(x) of the Bombay Police Act, 1951, prohibiting selling of passes or tickets for the programmes in connection with Navratri festival in the District of Gandhinagar, and our attention has been drawn to a notification dated 11th September 2009 issued by the District Magistrate, Surendranagar in exercise of such power for the District of Surendranagar.
In this connection, Ms. Desai, the learned Assistant Government Pleader appearing on behalf of the State wants time to take instructions in the matter.
To enable her to take such instruction, we fix the matter tomorrow, the 4th October 2013.
Let a copy of this order be made available to Ms. Desai, the learned Assistant Government Pleader, for taking immediate action.
(BHASKAR BHATTACHARYA, CJ.) (J.B.PARDIWALA, J.) mathew Page 3 of 3