High Court
Case Details
MC 3539/2013 BEFORE THE HON’BLE MR. JUSTICE T. VAIPHEI AND THE HON’BLE MR. JUSTICE M.R. PATHAK
Legal Reasoning
13 to which the applicant cannot get an alternative help to organize the functio n at the Bhawan. It will now be a Herculean task at this junction to find altern ative venue for them. Nevertheless, we are of the view that the applicant has be en hosting different kinds of functions at the Bhawan without trade license from the GMC, which is sine qua non for letting out the Bhavan and its premises to t he public for hosting ceremonies/functions. In other words, the applicant is not authorized to let out the Bhavan and its premises for hosting any ceremony or f unction at all without the trade license issued by the GMC. After hearing the learned counsel for the rival parties, we dispose of this appl ication with the following directions :- (i) ls and concerns who have already booked up to 21.12.2013 with conditions; (ii) the petitioner shall ensure that the approach road of the petitioners ar e not blocked by the parking of the vehicles of the guests/participants/invitees the applicant may let out the Bhavan and its premises to those individua attending the functions/ceremonies; The applicant shall ensure that the participants of the functions shall The applicant shall remove all their garbage used by them from the Bhav (iii) The applicant shall ensure that no Loud Speakers/public address system/ DJ system are used by the guests/participants/organizers, etc. between 10.00 PM to 6.00 AM: it shall also ensure that the provisions of Noise Pollution (Regula tion & Control) Rule 2000 read with Rule 5 of the Environment (Protection) Rule 1986 are scrupulously followed by all concerned; (iv) an and not throw the same on the road side; (v) not explode fire breakers after 10.00 P.M. (2) The applicant shall, if so advised, apply for and obtain the Trade License f rom the Gauhati Municipal Corporation after fulfilling all the conditions for ob taining the license and no function of any kind shall be hosted by it on Bhavan or its premises nor shall it let out the same after 21.12.2013 without first obt aining a Trade License issued in that behalf by the competent authority. (3) The Superintendent of Police (Traffic), Kamrup, Guwahati City and the GMC as well as the Pollution Board shall ensure that the directions of this Court are carried out by the applicant: such penal/regulatory/restrictive actions as are p ermissible under the law may be taken by the District Administration if the dire ctions of this Court are found to be violated by the applicant. The Misc. Case stands disposed of.
Arguments
Heard Mr. G. N. Sahewalla, the learned senior counsel assisted by Mr. A. Chetia, the learned counsel for the applicant, Mr. S. Bora, the learned Standing Counse l for the Gauhati Municipal Corporation, Mrs. B. Goyal, the learned counsel for the State respondents, Mr. P.J. Phukan, the learned Standing Counsel for the Po llution Control Board and Mr. B.D. Konwar, the learned senior counsel assisted b y Mr. R. Kalita, the learned counsel for the petitioner. By this application, the applicant seeks modification of our order dated 2.12.2013 passed in PIL No.73/2013 directing the respondents not to host or org anize any function within the premises of the Haryana Bhawan. The learned senior counsel for the applicant contends that the applicant has fulfilled all the con ditions laid down by the Pollution Control Act as well as the Motor Vehicles Ac t and the inconveniences projected to be caused by the applicant upon the petiti oners are trivial in nature. The learned senior counsel brings our notice that the Bhawan has been booked by as many as 11 persons from 2.12.2013 to 21.12.2013 for hosting different kinds of functions and the interim order will create havo c for these hosts who would not be able to find alternative halls to organize th e functions at such a short notice: it is a notorious fact that finding a hall o r auditorium for hosting functions/ceremonies in a city like Guwahati is virtual ly impossible unless the same booked at lkeast six months before. We appreciate the difficulties being faced by the applicant and the organizers of ceremonies/ functions in the Bhavan. As the existing interim order is most likely to create enormous difficulties and hardships to the applicant as well as the organizers o f the functions in the Bhavan, the same requires to be modified. He also submits that the applicant undertakes to comply with the rules and regulations framed b y the authorities to ensure minimum noise pollution, minimum traffic problem as well as minimum garbage problem, which shall be consistent with the rules and re gulations framed by the authorities concerned. Refuting the contentions of the learned senior counsel for the applicant , Mr. B.D. Konwar, the learned senior counsel for the petitioners, submits that the applicant has been carrying on the activities complained of in this Bhawan without any concern for the convenience and well-being owners of the neighbourin g houses, whose rights of way have always been blocked by numerous vehicles park ed by the invitees for the functions and who have been swarmed by the waste, lit ter and leftovers left behind by the guests and whose peaceful lives are disturb ed by the loud noise caused by the Loud Speaker/DJ music system and fire-cracker s exploded by the guests. He, therefore, strenuously urges this Court not to mod ify the interim order in the interest of the neihbouring inhabitants such as the petitioners. Mr. Bora, the learned Standing Counsel for the GMC brings to our notice that the Trade License of the applicant has not been renewed since 2012 and as such, the applicant has no right to host or organize the functions in the Haryana Bhawan premises and, as such, it has no permit to host any function or ceremony in the Bhavan. He, therefore, supports of the submissions of the learned senior counsel for the petitioners. Thus, the desire of the learned counsel appearing for the petitioner and the G.M.C. is that the applicant should not be allowed to host fu nctions in the premises thereto. We have given our anxious consideration to the submissions advanced by the learn ed counsel for the rival parties. In spite of the inconveniences caused to the p etitioners, we cannot overlook the fact that the Bhawan has been booked by as ma ny as 11 concerns for organizing different kinds of functions up to 21.12.2013. In our considered view, continuance of the blanket prohibition of holding of cer emonies/functions in the Bhavan imposed by us in our interim order will not only cause immense problems to the applicant, but also the intending organizers/host s of such ceremonies/functions, who have already booked the Bhavan till 21-12-20