Vijay Tiwari vs State of M.P.

Heard.

The grievance of the petitioner in this PIL is that there are number of marriage gardens in Shivpuri, however, no arrangement has been made by the aforesaid marriage gardens for parking of vehicles and disposal of garbage including waste food which is being generated due to use of marriage garden by thousands of persons.

Respondent No. 4 - Municipal Council in the reply has submitted that there are near about 31 marriage houses/marriage gardens operating in the city of Shivpuri, which are as follows :-

Son Chiraiya Hotel

Yugam Marriage House

Jal Mandir Marriage House

Madhyadeshiya Agrawal Dharmashala

Ashirvad Bhawan

Milan Vatika

Luvkush Marriage Garden

Durgamath

Sanjay Lodge

Vandana Marriage House

Pathak ji Marriage Garden

Girraj Marriage House

Lucky Garden

Durgamath

Satyam Shivam Sundaram

Savitri Sadan

Parinay Vatika

Shivpuri Hotel

Utsav Vatika

Chouksay Dharmashala

Wool House

Lal Kothi

Rishi Marriage Garden

Shakun Vatika

Lashkari Marriage Garden

Shiv Mandir Talkies ke pichhe

Shubham Hotel

Shriram Marriage House

Prem Vatika

Bal Marriage Garden

Tanu Marriage Garden.

The area used by the marriage gardens is from 25000 sq.ft. to 30,000 sq.ft. and in one case it is 4 bigha. Most of the marriage gardens have no parking facility. There is a problem of traffic jam on the road in front of the marriage gardens because when the procession of Barat is used to take place at the time of solemnization of the marriage or reception, it causes heavy traffic jam and nuisance.

It is admitted by the Municipal Council that no bye-laws or rules or regulations have been framed by the Municipal Council in regard to management of marriage garden. The relevant pleadings of the respondent No. 4 are as under :-

"2.That so far as Shivpuri Municipality is concerned such direction are necessary so as to avoid public nuisance due to procession, noise and maintenance of traffic jam. The answering respondent No. 4 municipal council has conducted the tentative survey of the marriage garden situated within the Shivpuri Municipality area. During the survey, it has been factually found that most of marriage gardens do not possess the 35% open area left for the parking. Therefore, this matter is being kept under consideration for proposing the action upon the all marriage gardens. The list of such marriage garden has been annexed herewith as Annexure R-4/1.

That, it has been observed that there is traffic jam on the road outside the garden in city of Shivpuri, further the procession with band also causing heavy traffic jam and causing public nuisance. The answering respondent is taking necessary steps in the matter on the basis of tentative report (Annexure R-4/1).

That the issue of marriage garden is a serious matter causing public nuisance and the prospective action upon the marriage garden is pending before officials of Municipal Council, Shivpuri in the purview of aforementioned tentative survey report (Annexure R-4/1)."

From the admissions made by the respondent No. 4 in reply to the writ petition, it is clear that there is a serious problem in regard to maintenance of marriage gardens at Shivpuri, which is a district place. The Municipal Council or the concerned authorities have not framed any rule or bye-laws in regard to management of marriage gardens. Most of the marriage gardens do not have 35% open area for parking, there is no mechanism for disposal of garbage and waste food and the food and garbage used to be thrown on the street or neighbouring open area causes hazard and pollution problem.

This Court in W.P.No. 1331/2007 (PIL) filed in regard to management of marriage gardens at Gwalior city issued certain directions vide order dt.19.1.2009. The court passed the following order :-

"This petition is filed as Public Interest Litigation by the petitioner alleging that he is resident of Chetakpuri, Gwalior. It is contended that the respondents No. 1 and 2 are running the marriage garden in the name of "Sanskar Marriage" Garden for then purposes of marriage ceremonies. It is stated that at the time of marriages in the marriage garden there are traffic problems because no parking provision is made in the said marriage gardens and the visitors attending the marriage oftenly use to park their cars and other vehicles on the road which creates traffic jaam. It is also contended that due to use of mic and D.J. sets and amplifier units there is noise pollution in the said area.

This court by order dated 20/10/08 directed to submit list of all the marriage gardens which do not possess licence to the Collector within a period of ten days. It is also directed that no licence for running such marriage gardens shall be issued unless there is provision of 35% of total land for parking the vehicles in the marriage gardens. In pursuance of the said order, the Collector has put seal on all the marriage gardens which are 120 in numbers. All the parties are aggrieved that the marriage gardens which do possess more than 35% space for parking may be permitted to apply to the Collector alongwith site planes showing that they have 35% of the total land which can be utilised for parking area for the visitors attending the marriages. It is also pointed out that such applications are pending before the Collector. Therefore, the Collector is directed to decide all those application by 26th January, 09 and if the Collector is satisfied that 35% of the land for the parking is available in the marriage garden itself then he shall open the seal.

Before opening the seal, the owner/manager of the marriage gardens shall submit an undertaking in writing to the Collector that he will see that no vehicle is parked either on the road lanes or in the land adjacent to the marriage garden. He shall also keep adequate number of guards at his own expenses for managing parking arrangements. The owner/manager of the marriage gardens shall also give an intimation three days prior to every marriage to the DSP (traffic) informing the date and time of marriage so that if required DSP (Traffic) may depute a constable on the spot for controlling the traffic. It is further directed that no owner/manager shall install any temporary or permanent construction on the road or footpath and such construction shall be made within the periphery or the marriage garden.

The owner/manager of the marriage garden shall see that no amplifier or DJ sets are used during the marriage which shall exceed the limit of 10 decibels upto 10 pm and they shall see that no loud speakers are used after 10 pm to 6 a.m. in the morning.

The marriage garden which do not have 35% of area of the land for parking if desired to make such provisions, may apply to the Collector for making provisions of the same and if such an application is filed the Collector shall open the seal of such marriage gardens and shall permit them to make provision for parking area. However, they shall not be permitted to use marriage garden till such requirement is fulfilled and the Collector is satisfied of such requirement. The Collector either suo moto or on complaint filed may take action in violation of the requirements and is free to seal marriage garden. This order is applicable to all the Dharmasalas.

It is also pointed out that the Municipal Corpn., has already framed the bye-laws for parking the marriage gardens and such proposal is pending before the State Government for its approval. The State Govt. is directed to pass appropriate orders on such proposal within one month.."

The directions issued by this court in the aforesaid PIL can also issued in the present case.

In this view of the matter, this writ petition is disposed of with the following directions :-

(i) The Municipal Council, Shivpuri shall frame appropriate bye-laws and regulations in regard to management of marriage gardens situated within the area of Municipal Council, Shivpuri within a period of four months from the date of receipt of copy of the order.

(ii) The Collector Shivpuri shall not permit any marriage garden situated within the municipal limits of Municipal Council Shivpuri to operate until and unless owner of the marriage garden submits an undertaking that it has an open area of about 35% of the total land for parking purposes and the said land can be utilised for parking purposes.

(iii) The owner of the marriage gardens shall submit an intimation three days prior to every marriage to the Dy.S.P.(Traffic) and shall inform the date and time of the marriage so the required authority may depute a traffic constable on the spot for controlling traffic.

(iv) The owner/manager of the marriage garden shall observe that no amplifier or D.J. Set are used during the marriage, which shall exceed the limit of 10 decibels and no such loud speaker or DJ would be used in between 10 p.m. to 6 in the morning.

(v) Every marriage garden shall take responsibility for disposal of waste generated due to use of the marriage garden and disposal of food articles used due to celebration of marriage and parties in the marriage garden.

(vi) The Collector Shivpuri and Municipal Council, Shivpuri shall make sure that the directions issued by this court shall be complied with strictly.

No order as to costs.