DR. BALWANT SINGH versus COMMISSIONER OF POLICE & ORS.

DR. BALWANT SINGH versus COMMISSIONER OF POLICE & ORS.

Disturbance caused by police, State officials, or people at large in the appellant's peaceful living adversely affects rights guaranteed under Article 21. The State is directed to ensure strict compliance with the directions issued in the Noise Pollution (V), In Re case to control noise pollution, and to implement the measures suggested in its affidavit for the larger interest of residents. The appeal is partly allowed and the impugned order modified accordingly.

Parties
Appellant: Dr. Balwant Singh; Respondents: Commissioner of Police & Ors.
Jurisdiction
India
Judgment Date
07 November 2014
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeal partly allowed
Legal Topics
Noise Pollution, Right to Life (article 21), Nuisance, Implementation of Court Directions
Constitutional Law Tort Law Human Rights Noise Pollution Right to Life (article 21) Nuisance Implementation of Court Directions

Case Brief

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Parties

Dr. Balwant Singh

Appellant

Commissioner of Police & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether disturbance caused by State/Police/others violates the appellant's right to lead a peaceful life under Article 21
  2. 2 Whether the directions issued by the Court in the Noise Pollution case require further implementation by the State
  3. 3 Whether the State and authorities have an obligation to protect citizens from nuisance and uphold rights

Ratio Decidendi

Disturbance caused by police, State officials, or people at large in the appellant's peaceful living adversely affects rights guaranteed under Article 21. The State is directed to ensure strict compliance with the directions issued in the Noise Pollution (V), In Re case to control noise pollution, and to implement the measures suggested in its affidavit for the larger interest of residents. The appeal is partly allowed and the impugned order modified accordingly.

Court Disposition

Appeal partly allowed

Orders

  • Respondents are directed to ensure strict compliance with directions contained in Paras 174 to 178 of the judgment in Noise Pollution (V), In Re.
  • Respondents must implement the steps outlined in their counter affidavit (such as law and order measures, proper barricading, mobile toilets, regulation of demonstrations, prevention of urination on property).