Ahmedabad: The Gujarat High Court on Monday declined to entertain a residential society’s plea seeking action against a marriage hall operating on an adjoining plot in Ahmedabad, observing that complaints relating to noise pollution and public nuisance cannot be addressed under town planning laws.

The matter came up before Justice Nirzar S. Kariel, where a residential society located on Final Plot No. 86 of Town Planning Scheme No. 13 challenged the use of the neighbouring Final Plot No. 85 as a marriage and community hall.

According to the society, the adjoining plot had been reserved as a “health and recreation centre” under the town planning scheme and was earlier maintained as a garden. Through its counsel, the society argued that allowing the plot to function as a marriage hall was inconsistent with the reservation and caused persistent inconvenience to residents due to large gatherings, DJ music, cultural programmes and firecrackers. The society also submitted that it had been raising the issue with authorities since 2017.

During the hearing, Justice Kariel questioned whether the dispute could be treated as a town planning violation. In a lighter moment, the judge asked the petitioner’s counsel whether the society consisted only of bachelors, remarking that residents whose children would eventually get married should appreciate having a marriage hall nearby rather than searching for one elsewhere.

The court also rejected the contention that a marriage hall could not fall within the “health and recreation” reservation. Justice Kariel observed that community functions and social gatherings constitute a form of recreation and noted that such facilities are particularly useful for economically weaker sections who depend on affordable community halls for family functions.

When the society complained about loud music and disturbance, the judge further remarked that residential societies themselves organise Garba celebrations during Navratri and questioned the selective objection to noise from marriage functions.

Justice Kariel clarified that allegations relating to DJs, loudspeakers, amplifiers or firecrackers, particularly during prohibited hours between 10 p.m. and 6 a.m., fall within the jurisdiction of regulatory authorities such as the Gujarat Pollution Control Board and the police, rather than the municipal town planning authorities.

The High Court refused to examine the nuisance allegations under the town planning proceedings. However, it permitted the society to submit a limited representation before the Ahmedabad Municipal Corporation on its allegation that the reservation of the plot had been altered contrary to law.

Disposing of the application, the court directed the municipal corporation to consider such a representation, if filed, in accordance with the applicable legal provisions. DeshGujarat