A.S.OKA,J. - (1.) Overview and Introduction These Petitions raise two issues of public importance. In PIL 173 of 2010, the issue is whether pandals/temporary booths can be allowed to be erected on streets and footways or footpaths for celebrating the religious or other festivals. The contention of the Petitioner in PIL No.173 of 2010 is that such pandals/temporary booths cannot be allowed to be erected in such a manner that it will obstruct free flow of vehicular traffic on streets or it will obstruct free movement of pedestrians on footways or footpaths. It is pointed out that in the cities in the State, such pandals and temporary booths are causing obstruction to vehicular traffic and movement of pedestrians. Such obstruction causes enormous inconvenience to the citizens apart from infringing their right to have roads and footpaths in a reasonable condition. The second issue raised in PIL No.173 of 2010 and in other connected matters is about the failure of all the authorities of the State of Maharashtra to implement the Noise Pollution (Regulation and Control) Rules, 2000 (for short "the Noise Pollution Rules").
(2.) At this stage, we may note that on the issue of erection of pandals/temporary booths for celebrating religious and other festivals, there are number of interim orders passed by this Court in PIL No.173 of 2010, which are operating in the field. In fact, while passing the interim order dated 13th March 2015 and the subsequent order dated 24th June, 2015, this Court has also laid down the law on the subject. As far as the violation of the Noise Pollution Rules is concerned, there are interim orders made from time to time in different Petitions by this Court for last more than 13 years. Unfortunately, the interim orders are being followed only in breach.
(3.) As far as the implementation of the Noise Pollution Rules is concerned, the entire machinery for implementation thereof ought to have been in place in terms of the interim orders passed by this Court from time to time. Notwithstanding detailed interim orders passed by this Court, still there are large scale of violations of the Noise Pollution Rules. The material placed on record will show that during the religious functions/festivals/ceremonies, the Noise Pollution Rules are being breached with impunity. We may note here that the interim directions issued by this Court as regards religious festivals are applicable to the festivals of all religions. No religion has ever permitted violation of law for celebrating religious festivals. In this group of Petitions and in other matters, which came up before this Court, it is demonstrated that the Noise Pollution Rules are mostly violated when there are political rallies and religious festivals. Perhaps without bothering to read orders of this Court it is projected as if this Court has banned religious festivals. This Court has held that use of loudspeakers is not an essential part of any religion and therefore, the protection under Article 25 of the Constitution of India is not available. Even for erecting pandals/temporary booths for celebrating religious and other functions on streets or footpath, this Court has held that the protection of Article 25 is not available. There is no fundamental right to celebrate religious festivals on streets.;