Bombay HC directs Pune CP to look into ex-cop alleging noise pollution at wedding venue
š“ The Bombay HC directed the Pune CP to ensure that the stipulations under the Environment Protection Act (EPA), 1986, were adhered to and the grievances of the petitioner were addressed within eight weeks.
The Bombay High Court on Tuesday directed the Pune commissioner of police (CP) to personally look into a 2019 complaint of a retired police officer, who, along with other residents of Bibwewadi, had complained about bursting of loud firecrackers near a wedding venue after 10 pm, in violation of law.
The HC directed the Pune CP to ensure that the stipulations under the Environment Protection Act (EPA), 1986, were adhered to and the grievances of the petitioner were addressed within eight weeks.
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A division bench of Justice Prasanna B Varale and Justice Anil S Kilor was hearing a criminal application filed by former assistant commissioner of Pune Police, Arvind Ramchandra Patil ā argued through advocate Uday Warunjikar ā seeking FIR against those who burst loud firecrackers between 10 pm and 6 am.
Warunjikar submitted that on December 19, 2019, the petitioner awoke due to sudden and loud noise of bursting firecrackers late in the night near the wedding venue called Yash Lawns, which was an act of breach of provisions of EPA and Noise Pollution regulation rules.
The petitioner video-recorded the said incident and immediately contacted the police control room from his mobile phone and lodged a complaint to the concerned Police Sub-Inspector (PSI) on duty.
Thereafter, he forwarded the video recording on the WhatsApp facility meant for citizens made available by Pune Police and also approached the Bibwewadi Police station the next day and his statement was recorded.
Patil claimed that it was found through the RTI reply that the police authorities failed to take appropriate steps against lawbreakers and instead sent a closure letter to the petitioner. As per Patil, the police had told the petitioner that no useful information was revealed in the probe based on statements of four individuals, who showed ignorance to the case, and that the owner of Yash Lawns was asked to take appropriate steps for avoiding incidents of bursting firecrackers after 10 pm.
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Thereafter, he approached the chairman of the divisional police complaint redressal authority, however, it has not taken any action as yet.
Patil then approached Pune CP with his grievance of non-action. Moreover, a representation of office bearers of housing society of petitioner was also given to the top cop stating that the residents were recently facing similar incidents of noise pollution and requested the CP to take appropriate action to avoid such incidents in future.
Warunjikar alleged that the concerned police officer, instead of following due procedure and registering a complaint, fabricated his own evidence to nullify contents of the petition with the intention to save the offenders, and as no proper investigation was conducted till date, he was prompted to approach the HC.
After hearing submissions, the bench noted, āIt may not be out of place to state that the object of EPA and Rules itself is to protect the citizens from damage to the environment and suffering from noise pollution. Considering all these aspects, we are of the opinion that the petition can be disposed of as counsel of petitioner was justified in submitting that authorities acted mechanically without considering the object of the Act.
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Disposing of the plea, the bench asked the Pune CP to look into the grievance of the petitioner and give an opinion or pass an order expeditiously and not later than eight weeks from Tuesday.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
