Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 42944 of 2010 Petitioner :- Sohan Lal Respondent :- State Of U.P. And Others Petitioner Counsel :- Raj Kamal Respondent Counsel :- C.S.C.,D.D. Chauhan Hon'ble Ferdino Inacio Rebello,Chief Justice Hon'ble Amreshwar Pratap Sahi,J.
Considering the resolution passed by the Gaon Sabha itself, the
construction has come up in the larger interest of the community,
we are not inclined to interefere in such extraordinary jurisdiction.
At the same time, the interest of the community will have to be
protected. In the light of that, subject to further resolution be
passed by the Gaon Sabha with the following directions :
1. Wall be constructed so as to separate the Community Centre
from the area of the school and the open ground.
2. At any rate during school hours no musical instruments
including drums will be used.
3. No nuisance will be caused in disturbing to run the school
including noise pollution.
If there is shortage of funds for constructing the wall, the District
Magistrate will ensure to release the sufficient funds for the said
purpose.
With the above directions, this public interest litigation is disposed
of.
Order Date :- 5.8.2010
VMA
(F.I. Rebello, C.J.)
(A.P. Sahi, J.)