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Sachin Kashyap & Ors. v. Sushil Chandra Srivastava & Ors.

Civil Appeal · 2021 INSC 335Decided 15 Jul 2021
Civil Appeal No. 2691 of 2021
Justice Vineet Saran · Justice Dinesh Maheshwari

Background

The respondents had filed a writ petition before the Allahabad High Court asking only for removal of an LCD screen from a chowk in Prayagraj. While deciding that petition, the High Court went further and issued a separate direction effectively banning the playing of DJ sound systems in the area, citing noise pollution. The appellants, who operated DJ systems for a living, were neither parties to the writ petition nor given a chance to be heard before this direction was issued, even though it directly affected their livelihood.

Decision Breakdown

The Supreme Court held that the High Court could not expand the scope of a private writ petition to decide an issue of general public importance (noise regulation) when there were no pleadings or prayer on that subject, and when the directly affected persons were never impleaded or heard. The Court quashed the specific direction banning DJ sound systems, while leaving undisturbed the part of the High Court's order dealing with the LCD screen (which the appellants had no grievance about). The Court clarified that the appellants may still play music/DJ systems only in accordance with law and after obtaining the necessary licence/permission from the competent authorities under the applicable noise rules.

Lesson Learnt

Courts should not decide issues of wide public consequence in the course of a narrowly framed private litigation without first hearing the persons who will actually be affected; anyone whose rights are impacted by a court direction is entitled to notice and an opportunity to be heard before such a direction is passed against them.

Official source (sci.gov.in)View Judgment (PDF)

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