SACHIN KASHYAP & ORS. versus SUSHIL CHANDRA SRIVASTAVA & ORS.

SACHIN KASHYAP & ORS. versus SUSHIL CHANDRA SRIVASTAVA & ORS.

Direction no.(iii) of the High Court judgment, which prohibited granting permission for DJ on the ground of obnoxious noise, was quashed because there were no pleadings or prayers on that issue in the writ petition and the affected parties were not impleaded; parties may play music/DJ only in accordance with law after obtaining requisite license/permission.

Parties
Appellants: Sachin Kashyap & Ors.; Respondents: Sushil Chandra Srivastava & Ors.
Jurisdiction
India
Judgment Date
15 July 2021
Procedural Posture
Civil Appeal (arising Out of Slp(c) No.24806/2019) / Appeal From High Court Disposed by Supreme Court
Outcome
Appeal allowed in part; direction no.(iii) of the High Court judgment quashed; connected appeals allowed to the same extent.
Legal Topics
Noise Pollution, Article 19(1)(g), Writ Petition, Impleadment, Public Interest Litigation
Constitutional Law Environmental Law Administrative Law Noise Pollution Article 19(1)(g) Writ Petition Impleadment Public Interest Litigation

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Parties

Sachin Kashyap & Ors.

Appellants

Sushil Chandra Srivastava & Ors.

Respondents

Procedural Posture

Civil Appeal (arising Out of Slp(c) No.24806/2019) / Appeal From High Court Disposed by Supreme Court

Legal Issues

  1. 1 Whether the High Court could issue directions regarding playing of music/DJ in public places when there were no pleadings or prayer on that issue in the writ petition
  2. 2 Whether affected parties must be impleaded before issuing directions of public importance in private litigation
  3. 3 Whether restriction on playing music/DJ without impleadment violated Article 19(1)(g) and affected livelihoods

Ratio Decidendi

Direction no.(iii) of the High Court judgment, which prohibited granting permission for DJ on the ground of obnoxious noise, was quashed because there were no pleadings or prayers on that issue in the writ petition and the affected parties were not impleaded; parties may play music/DJ only in accordance with law after obtaining requisite license/permission.

Court Disposition

Appeal allowed in part; direction no.(iii) of the High Court judgment quashed; connected appeals allowed to the same extent.

Orders

  • Direction no.(iii) in the impugned High Court judgment dated 20.08.2019 is quashed.
  • Appellants or any other persons may play music/DJ only in accordance with law and after obtaining requisite license/permission from the concerned authorities.