In a major relief to Dadar Parsi Gymkhana, the Bombay high court on
Tuesday allowed them to use the ground for social functions and
marriages, but asked them to adhere to the noise pollution control
norms.
A division bench of justice PB Majmudar and Mridula Bhatkar asked the gymkhana management not to overlook comfort of the residents of the area who are disturbed by the noise during functions.
"There are so many communities and festivals in our country. We must learn to enjoy it without disturbing others," remarked justice Majmudar. "For enjoying your festival, you must not disturb somebody's peace."
The judges observed that while marriages and social functions are a part of our society, a balance has to be struck.
EP Bharucha, advocate for gymkhana, said they were willing to keep a check on noise pollution.
The court was hearing a petition filed by Dadar Parsi Gymkhana challenging the order of the Lokayukta restraining them from using the ground any purpose other than sports.
On May 2, the Lokayukta had passed an order following a complaint lodged by a local, Jyotibhaskar Salgaonkar, alleging that these functions inconvenience those residing in the area.
In September, the high court had stayed the Lokayukta's order questioning its jurisdiction to pass such an order.
On Tuesday, when assistant government pleader Jasbir Saluja informed the court that the ground was surrounded by many buildings and it was a 'silent colony', justice Majmudar replied: "To find silence one has to go 100km away from the city. This is the hazard of modern living."
The judges directed the gymkhana to ensure peace of citizens in area is not disturbed at the next function on November 19, and instructed the police to verify and monitor the decibel level and submit a compliance report.
The matter will be next heard on December 7.
A division bench of justice PB Majmudar and Mridula Bhatkar asked the gymkhana management not to overlook comfort of the residents of the area who are disturbed by the noise during functions.
"There are so many communities and festivals in our country. We must learn to enjoy it without disturbing others," remarked justice Majmudar. "For enjoying your festival, you must not disturb somebody's peace."
The judges observed that while marriages and social functions are a part of our society, a balance has to be struck.
EP Bharucha, advocate for gymkhana, said they were willing to keep a check on noise pollution.
The court was hearing a petition filed by Dadar Parsi Gymkhana challenging the order of the Lokayukta restraining them from using the ground any purpose other than sports.
On May 2, the Lokayukta had passed an order following a complaint lodged by a local, Jyotibhaskar Salgaonkar, alleging that these functions inconvenience those residing in the area.
In September, the high court had stayed the Lokayukta's order questioning its jurisdiction to pass such an order.
On Tuesday, when assistant government pleader Jasbir Saluja informed the court that the ground was surrounded by many buildings and it was a 'silent colony', justice Majmudar replied: "To find silence one has to go 100km away from the city. This is the hazard of modern living."
The judges directed the gymkhana to ensure peace of citizens in area is not disturbed at the next function on November 19, and instructed the police to verify and monitor the decibel level and submit a compliance report.
The matter will be next heard on December 7.
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