Allahabad High Court Quashes Permission Granted By Police Under Noise Pollution Rules For Concert With Condition Not To Serve Alcohol
The petitioner approached the High Court seeking the quashing of the letter rejecting the permission sought in respect of the use/service of liquor in connection with a live singing event.
Justice Alok Mathur, Justice Abdhesh Kumar Chaudhary, Allahabad High Court (Lucknow Bench)
While quashing an order passed by the Additional Police Commissioner (Law and Order), the Allahabad High Court has held that there is no provision in the Noise Pollution (Regulation and Control) Rules, 2000, with regard to the power and/or scope of permitting or denying permission for serving alcohol in concerts.
The petitioner approached the High Court seeking the quashing of the Letter rejecting the permission sought in respect of the use/service of liquor in connection with a live singing event.
The Bench comprising Justice Alok Mathur and Justice Abdhesh Kumar Chaudhary held, “We further find that there is no provision in the Rules of 2000 with regard to the power and/or scope of permitting or denying the permission for serving of intoxicating products, including alcohol. To that extent, Condition No.18 imposed by the Additional Police Commissioner (Law and Order) is illegal, arbitrary, and beyond jurisdiction. We further find that no such condition has been imposed by the respondents while granting permission in similar events, and therefore this Court is of the considered view that the petitioners have been adversely discriminated while issuing the impugned permission.”
Advocate Suryansh Narula represented the Petitioner while Chief Standing Counsel represented the Respondent.
Factual Background
The petitioner, a proprietorship firm, sought permission to hold a live singing event at Lucknow. For holding the said live singing event, the petitioner had made an application under the provisions of the Noise Pollution (Regulation and Control) Rules, 2000, seeking permission from the competent authority. As per the impugned order issued by the Additional Police Commissioner, the said permission was granted to the petitioner, subject to 18 conditions mentioned therein. The grievance of the petitioner was with regard to Condition 18, according to which the permission was granted subject to the condition that no alcohol or intoxicating substance should be served or utilised during the said concert. The petitioner claimed that the programme was sponsored by Casa Bacardi, a company engaged in the business of liquor products, and accordingly, liquor would be sold during the said programme.
Reasoning
The Bench made a reference to the Noise Pollution (Regulation and Control) Rules, 2000, whereby the State Government is mandated to maintain ambient air quality with respect to noise in different areas/zones. The State Government is also required to categorise areas into industrial, commercial, residential, or silence zones for the implementation of noise standards.
The Bench noted that as per Schedule I of the Rules of 2000, noise limits had been prescribed for each of the areas, namely, industrial, commercial, residential, or silence zones, and the petitioner had been granted permission to keep the maximum sound level below 75 dB(A), which pertained to an industrial area.
Holding that there is no provision in the Rules of 2000 with regard to the power and/or scope of permitting or denying permission for serving intoxicating products, the Bench quashed the order passed by the Additional Police Commissioner (Law and Order) with a direction to pass a fresh order.
Cause Title: Atlani Brothers Live Thru. Its Proprietor Mrs. Mamta Atlani v. State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. (Neutral Citation: 2026:AHC-LKO:72565-DB)
Appearance
Petitioner: Advocates Suryansh Narula, Ankit Verma, Pali Anurag
Respondent: Chief Standing Counsel