A. Arputharaj vs The Corporation of Chennai, The Tamil Nadu Pollution Control Board and The Commissioner of Police

A.K. Ganguly, C.J.—Heard the learned Counsel for the parties. This writ petition has been filed, in public interest, by one A. Arputharaj,

claiming himself to be the President of Shri Gajalakshmi Colony Slum Welfare Association in order to prevent holding of public meeting in a busy

thoroughfare. The allegation is that the meeting takes place quite frequently at Pulla Avenue, which is close to the Central Maidan in the city of

Chennai. The same is also close to the Aminjikarai Police Station. Some photographs have been filed in the additional typed set of documents to

show that chairs are placed on the public road in such a fashion as to make it very difficult for the commuters to use the said road. It is, no doubt,

true that holding of a public meeting is part of the democratic right of various political parties. But exercise of such democratic right presupposes

that the rights of other citizens or persons to use the public road should not be completely lost sight of.

Under the municipal laws of various States, all such public road and streets vest with the respective Municipal Corporations and it is the

Municipal Corporation concerned which is statutorily authorized to regulate the holding of such meetings on public roads. The police authorities

also have been vested with powers under various Police Acts to grant permission to hold such meetings.

In the instant case, the Chennai City Municipal Corporation Act, 1919, which is a pre-constitutional law, is still holding the field. u/s 220 of the

said Act, there is a prohibition against an obstruction on the streets, but the said Section does not clamp an absolute prohibition, but regulates

cases of such obstruction or encroachment on certain conditions. Section 223 of the Act permits such encroachment only upon the licence to be

granted by the Commissioner to the owner or occupier of any premises. Section 226, which may be relevant in this connection, permits that such

obstruction by any person may be caused only with the permission of the Commissioner.

For a better appreciation of the legal position, Section 226 is set out below:

Making holes and causing obstruction. - (1) No person shall make a hole or cause any obstruction in any street unless he previously obtains

the permission of the commissioner and complies with such conditions as he may impose.

(2) When such permission is granted, such person shall, at his own expense, cause such hole or obstruction to be sufficiently fenced, and enclosed,

until the hole or obstruction is filled up or removed and shall cause such hole or obstruction to be sufficiently lighted during the night.

(3) If any obstruction is caused in any street by the fall of structures, trees, or the fences, the owner or occupier of the premises concerned shall

within twelve hours of the occurrence of such fall, or within such further period as the commissioner may [by written order]1 allow, clear the street

of such obstruction.

Reference in this connection may also be made to the Madras City Police Act, 1888 and Section 41 thereof. Section 41 of the said Act gives

power to the Commissioner of Police to regulate assemblies, meetings and processions in public places.

Therefore, on a conjoint reading of Section 41 of the Madras City Police Act, 1888 and Section 226 of the Chennai City Municipal

Corporation Act, 1919, it appears that it is for the Commissioner of Police and the Commissioner of the Corporation of Chennai to give

permission regulating the use of public roads and streets even temporarily for the purpose of holding meetings. This Court has no doubt that both

these statutory authorities, being highly placed authorities, will exercise their discretion in a reasonable manner.

Now, there is a greater awareness of citizens'' rights and people are more alert these days to prevent pollution of all kind, including noise

pollution, and the Courts have started regulating exercise of power by such authorities.

The Court exercises such powers in exercise of its jurisdiction under Article 226 of the Constitution of India since the Apex Court has held in a

large number of cases that the fundamental right to enjoy life under Article 21 of the Constitution includes a right to enjoy finer graces of life, which

obviously means life, free from pollution of all kind, including noise pollution. Apart from that, choking completely a public road for holding a

meeting, even for a temporary period, may affect a person''s right of access to one''s house or even access to a hospital or for medical assistance

or access to such other public utility centres. This right is certainly covered within the sweep of Article 21.

Considering all these aspects of the matter, this Court deems it fit and necessary to issue certain directions for regulating the exercise of

discretion of both the Commissioner of Police and the Commissioner, Corporation of Chennai.

We are passing this order considering the stand taken by the State of Tamil Nadu before the Supreme Court in the case of K.K. Road Merchants

v. District Collector reported in (2004) 13 S.C.C. 61, where in an affidavit filed before the Honourable Supreme Court, the stand taken on part of

the Government of Tamil Nadu is not to allow any meeting in a public road and in view of the said stand being taken by the Government of Tamil

Nadu, the Honourable Supreme Court did not pass any further order in that matter, but endorsed the stand of the State of Tamil Nadu on its

affidavit.

Considering all these facts, the directions which this Court proposes to pass are as under:

(1) Even if the Commissioner of Police or the Commissioner, Corporation of Chennai grants permission for holding meeting in a public road, while

granting such permission, the authorities must ensure that the entire portion of the road is not blocked; sufficient passage is left for movement of

pedestrians and movement of vehicular traffic or movement of ambulance, in cases of emergency.

(2) Such obstruction should not be allowed to continue for a period of more than three hours at a stretch.

(3) Such obstruction should not be allowed to take place during peak or rush hours.

(4) Loudspeakers or amplifiers which are used at the time of holding such meetings must not be allowed to play at a sound level higher than the

limit permissible under the pollution laws, viz. the Noise Pollution (Regulation and Control) Rules, 2000.

(5) Under no circumstances such meetings should be allowed to continue beyond 10''o clock at night.

(6) After the meeting is over, the parties or the organisations holding such meeting must dismantle the temporary erections and restore the road to

its previous position, including the filling up of potholes, if any, created for holding the meeting.

(7) It is open to the Commissioner, Corporation of Chennai to levy such charges/damages for holding such meetings as are in compliance with the

relevant statutory rules, and the parties holding such meetings must deposit the same before the permission is granted.

This Court hopes and trusts that the directions which have been given, having been given in public interest, should be obeyed by all parties or

organisations which want to hold public meetings, since in a democracy, the rights of everyone, including the rights of the minority, must be

respected.

This Court directs both the authorities, viz., the Commissioner of Police and the Commissioner, Corporation of Chennai to strictly follow these

guidelines in the matter of granting permissions and this Court makes it clear that no such meetings should be held without obtaining prior

permission from the aforesaid authorities.

The writ petition stands disposed of accordingly. No costs.