Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Non-impleadment of affected parties DJ is unpleasant and obnoxious level |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
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. |
Judge | N/A |
Neutral Citation | 2021 INSC 335 |
Petitioner | Sachin Kashyap & Ors. |
Respondent | Sushil Chandra Srivastava & Ors. |
SCR | [2021] 6 S.C.R. 486 |
Judgement Date | 2021-07-15 |
Case Number | 2691 |
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