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Civil · Reportable judgment

Sachin Kashyap & Ors. vs Sushil Chandra Srivastava & Ors.

Court
Supreme Court of India
Date
15 July 2021
Case No.
Civil Appeal No(s). 2691 of 2021
Result
Allowed
Bench
Vineet Saran, Dinesh Maheshwari
Citation
[2021] 6 S.C.R. 486 : 2021 INSC 335
Supreme Court Reports [2021] 6 S.C.R. 486 : 2021 INSC 335
Headnote

Pleadings: Non-impleadment of affected parties in the writ petition before the High Court – Issuance of direction by High Court in writ petition, without there being any pleading or prayer with regard to a particular issue – Effect of – On facts, writ Petition before the High Court seeking issuance of direction to the respondent authority to remove L.C.D. from the area – Direction by the High Court that under the 2000 Rules, no permission for DJ to be granted by the authority since the noise generated by DJ is unpleasant and obnoxious level – On appeal, held: Since there were neither pleadings nor any prayer with regard to the playing of music or DJ in public place, the direction of the High Court, with regard to the noise generated by DJ and restriction on playing music, not justified – Writ Petition having been filed for a particular cause and with a particular prayer, cannot be expanded to cover within its ambit all the issues which may be of general or public importance without there being any pleadings or prayer with regard to a particular issue – No such directions could have been issued, especially in a private litigation which was not in the nature of Public Interest Litigation – Prior to passing any such order of public importance, the affected parties should be impleaded, at least in a representative capacity – Appellants are the affected parties who were neither impleaded nor given any opportunity to present their case – Direction by the High Court is quashed – Appellants or any other such persons may be permitted to play the music/DJ only in accordance with law and after obtaining the requisite license/permission from the concerned authorities – Constitution of India – Noise Pollution (Regulation and Control) Rules, 2000.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Order of the Court was passed : ORDER Permission to file Special Leave Petition(s) is granted. Delay condoned. Intervention/impleadment applications stand allowed. Interlocutory Application No. 167927 of 2019 for deleting the proforma respondents No. 4 to 11 from the array of the parties stands allowed at the risk of the appellants. Leave granted. For the sake of convenience, we are taking up Civil Appeal No. 2691 of 2021 arising out of SLP(C) No.24806/2019 as lead matter and disposing of all the connected appeals by this common order. This appeal is filed by non-parties in the Writ P
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