Functioning Of Unauthorised Hotels In Lucknow| 'LDA failed To Take Actions': Allahabad High Court Seeks UP Govt's Affidavit

The bench of Chief Justice Rajesh Bindal and Justice Brij Raj Singh added that the Lucknow Development Authority (LDA) failed to take any action against such unauthorized hotels.

In its order, the Court noted that around 4 months back, it had registered a suo moto PIL regarding the issue of running of unauthorized hotels in the city after a major fire incident had taken place in a hotel, which was constructed and being run unauthorizedly, and despite that, no action had been taken by the LDA.

The Court also took note of a recent incident that took place in the city wherein, on account of D.J. playing at a function in a hotel, the persons, who were responsible for playing D.J., set on fire the car of a man, who complained of the noise levels of the DJ.

Hence, the Court sought a reply from the State Government in this regard and adjourned the matter for further hearing on January 30, 2023.

Dealing with another PIL plea regarding the use of loudspeakers in a club, now being used as a marriage hall, resulting in disturbance of the peace of the residents in the surrounding area, the Court called for an affidavit of the Vice Chairman, Lucknow Development Authority.

Regarding another PIL plea pertaining to additional/extra fittings attached to various motor vehicles and entry of heavy motor vehicles in the city during prohibited hours, the Court, pursuing the state’s affidavit, said that the menace of modified vehicles and entry of heavy vehicles in prohibited areas during day time is still not taken care of.

In fact, the petitioner, who appeared in person, submitted a number of modified vehicles as well as heavy vehicles being plied during no entry time in the city and that he even clicked photographs of some of them.

To this, the counsel for the State said that the photographs may be provided to him so as to enable him to transmit the same to the authorities concerned for taking appropriate action.

Further, he sought time to file a comprehensive affidavit, which was allowed by the Court and the Court directed that PIL plea regarding Noise Pollution Through Modified Silencers be tagged with matters dealt with by the court in the present order.

It may be noted that the Allahabad High Court in August 2019 imposed an absolute prohibition on the use of DJs in the state and asked the state government to issue a toll-free number, dedicated to registering complaints against the illegal use of loudspeakers.

"…noise generated by DJ is unpleasant and obnoxious level. Even if they are operated at the minimum level of the sound it is beyond permissible limits…", the division bench of Justice Pradeep Kumar Singh Baghel and Justice Pankaj Bhatia had said, while hearing a public interest litigation filed by Advocate Sushil Chandra Srivastava.

Case title - Dr. Surendra Kumar and others vs. State of U.P. and others along with connected matters

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