Mr. Nilesh Sainath Bhoir v. The Commisioner Navi Mumbai Municipal Corporation

2026:BHC-AS:23143-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO.290 OF 2026 IN WRIT PETITION NO.8093 OF 2023 Mr. Nilesh Sainath Bhoir ... Petitioner

Versus

The Commissioner, Navi Mumbai Municipal Corporation and ors. .... Respondents **** Adv. Pandiarajan Yadav, for the petitioner.

Mr. O. A. Chandurkar, Addl.G.P. a/w Smt. G. R. Raghuwanshi, AGP, for the respondent-State.

Adv. Tejesh Dande, for respondent Nos.1 and 2. **** CORAM :

M. S. KARNIK & S. M. MODAK, JJ.

DATE :

10th JUNE 2026 P.C. :

1.

Heard learned counsel for the parties.

2.

Learned counsel for the petitioner alleges breach of paragraph 6 of the order dated 17/02/2025 passed by this Court in Writ Petition No.8093 of 2023. Paragraph 6 of the said order reads thus :-

"6. Admittedly, the construction of the Auditorium has been completed pursuant to the Resolution dated 4th June, 2018. The writ petition has been filed in the year 2023. Therefore, at this point of time, we are not inclined to grant relief of demolition of the said Auditorium. However, respondent-Navi Mumbai Municipal Corporation is directed to ensure that the programmes in the Auditorium are conducted after obtaining permission from the statutory authorities and shall also ensure that the organizers shall adhere to the norms prescribed in the Noise Pollution (Regulation and Control) Rules, 2000/all statutory rules. Any non-compliance of the aforesaid direction shall be viewed seriously."

3.

It is the contention of learned counsel for the petitioner that despite the specific order passed by this Court the organizers are not adhering to the norms prescribed by the Noise Pollution (Regulation and Control) Rules, 2000/all statutory rules. However, we find that in the contempt petition general statements are made without supporting materials. It is always open for the petitioner to file a complaint before the statutory authorities/police if the norms prescribed are violated. In fact, Navi Mumbai Municipal Corporation has clearly informed the organizers that as the Auditorium falls within a silence zone, necessary conditions for implementing the Noise Pollution Rules must be incorporated before granting permission. In any case, it is

open for the petitioner to file an appropriate complaint before the Corporation or the police or authorities or the statutory authorities if the Noise Pollution norms are violated. The authorities shall obviously take appropriate action. Presently because of inadequate materials placed on record in support we do not find that the breach alleged is substantiated.

4.

The contempt petition is accordingly disposed of. (S. M. MODAK, J.) (M. S. KARNIK, J.) Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 10/06/2026 15:07:18