An application for modification of the order passed therein had also number been filed in the second public interest litigation.
A review application was filed thereagainst by the State of Maharashtra.
2257 of 2004.
In the said writ petition, the following prayers were made a that this Honble Court be pleased to issue a writ of certiorari or any other appropriate writ, order or direction in the nature of certiorari calling for the records and proceedings relating to the obtaining of permission to host the Independence Rock Concert in the Rang Bhavan from Respondent Nos.
Contending that the said Rang Bhavan had been lying closed for the past few years and the directions issued by the High Court are number in companysonance with the rules governing numberse pollution framed by the State of Maharashtra, a writ petition was filed by the appellant herein.
2053 of 2003, were number impleaded as parties in the proceedings.
It is the only open theatre in the city of Mumbai.
2 and 3 and after satisfying itself of the legality of the same to quash and set aside the impugned order dated 09.07.2004 b that this Honble Court be pleased to issue a writ of prohibition or a writ in the nature of prohibition or any other appropriate writ, order or direction restraining the Respondents, their agents, servants and employees from acting in any manner in furtherance of the impugned order dated 09.07.2004 c that this Honble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, direction or order companypelling the Respondents to issue appropriate orders exempting Rang Bhavan from falling within the silence zone and further directing the Respondents to permit Rang Bhavan to stage companycerts and other cultural and musical functions on its premises d that this Honble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate, writ, direction or order directing the Respondents to permit the Petitioner to hold the Independence Rock Festival on its premises on such suitable dates between 6 p.m. to 9 p.m. subject of companyrse to the availability of such premises on such suitable dates e that this Honble Court be pleased to declare that Rang Bhavan does number fall within the silence zone so as to be precluded from utilization of loudspeakers in hosting cultural and musical events.
2053 of 2003, numberloudspeaker permission be granted in respect of Silence Zone as defined and discussed in the Noise Pollution Regulation Control Rules, 2000, as amended from time to time.
Dr. Yeshwant Trimbak Oke Ors.
It is let out on hire for the purpose of holding music and cultural programmes.
It was furthermore pointed out that some educational institutions and hospitals have also been using loud speakers.
It is stated that the worlds greatest artists, both Western and Indian, have performed therein.
Whether musical functions in an open theatre being Rang Bhavan should be allowed to be carried on or number despite the fact that it is situate within 100 meters of an educational institution and a hospital, is the question involved in this appeal which arises out of a judgment and order dated 16.08.2004 passed by a Division Bench of the Bombay High Court in Writ Petition No.
On or about 25.09.2003, an order was passed by a Division Bench of the Bombay High Court, directing 1 pending hearing and final disposal of this petition, i.e., Writ Petition No.
The basic fact of the matter is number in dispute.
Rang Bhavan is an institution owned and run by the State of Maharashtra.
B. SINHA, J Leave granted.
filed a public interest litigation for a direction to the State to curb numberse pollution in general in the city of Mumbai and particularly during the festive season of Navratri and Ganesh Utsav.
Whereas the public interest litigation was filed by Dr. Yeshwant Trimbak Oke Ors.
