JUDGMENT 1. - In this writ petition, the petitioners have prayed for directions to the respondents No. 1 to 6 that they shall restrain the respondents No. 7 to 15 for using the places mentioned in para 3 of the writ petition for marriages, parties and sat sang etc. 2. This writ petition has been filed by local residents of Ram Mohalla, outside Nagori Gate, Jodhpur. In the petition, it is stated that in the locality where they are residing there are 14 places where the marriage ceremonies, engagement ceremonies, parties etc. are being solemnised while hiring the said premises from private respondents. These places are used for commercial purposes by the owners and due to regular hiring those places for different causes, the citizens of area are suffering noise pollution because in these areas, the hiring persons are using loud speakers, drums, bands, crackers, generators, orchestra and other loud sound systems, so also due to regular commercial use of these places, the citizens of the area are suffering traffic problems and in the morning, waste food, wine and beer bottles etc. are also found in the public place. So also public nuisance is created by the visitors either by gossipping in groups standing outside houses or by quarrelling in drunken position or by creating hindrance in the way of the houses of the petitioners by consuming liquor on the roads and outside houses. Therefore, they are creating bad atmosphere in the locality and teen-angers and women of the area are not safe, so also they are suffering problems in the area and inhabitants of the locality are not in position to avoid or to restrain them and no provision for proper parking place is made by the private respondents. Hence, by filing this writ petition, the common grievance of the inhabitants of the area with regard to right of living is raised in this writ petition. 3. Hence, by filing this writ petition, the common grievance of the inhabitants of the area with regard to right of living is raised in this writ petition. 3. It is submitted by the learned counsel for the petitioner that according to Section 90 of the Rajasthan Municipality Act, 1959 (hereinafter, for short "the Act of 1959), the Municipal Corporation, Jodhpur is required to, frame bylaws for removing the above public problems but no bylaws have been framed by the Municipal Corporation, Jodhpur, so also there is no restriction imposed by Municipal Corporation, Jodhpur for using the private places for marriage and party purposes, therefore it is necessary to direct the Municipal Corporation, Jodhpur to make bylaws to solve the problems and for the purposes of regulating proper functioning of these places where marriages, parties etc. are solemnised after hiring these places. 4. According to the learned counsel for the petitioner, the public at large including the petitioners' right to live peacefully is infringed. Therefore, the petitioners are seeking directions for restraining the respondents from hiring and using such places like uncontrolled horse and creating problems of waste food, traffic and using liquor on the roadside and creating problems by quarrel, therefore, it is prayed that notices may be issued to the respondents and directions may be issued to frame bylaws for the said purpose and to grant relief to the citizens of the area. 5. After hearing learned counsel for the petitioner on 21.2.2008, Mr. Ashok Chhangani and Mr. C.S. Kotwani, learned counsel were requested to assist this Court and to submit legal suggestions for eradicating the general problems, causing unnecessary disturbances to the different localities of Jodhpur city, therefore, in view of the judgment rendered by Hon'ble Apex Court, reported in AIR 2005 SC 3136 , the suggestions were sought from the petitioners as well as by above two learned counsel to whom request was made. Thereafter, this case was listed in the Court on 5.3.2008. On that date, suggestions were submitted by both the learned counsel. Mr. N.M. Lodha, learned Addl. Advocate General has put appearance and sought time to submit more suggestions for issuing directions for maintaining good and unpolluted atmosphere in the City. 6. Learned Addl. Advocate General has also furnished submissions on behalf of the district administration and same were also taken on record. Mr. N.M. Lodha, learned Addl. Advocate General has put appearance and sought time to submit more suggestions for issuing directions for maintaining good and unpolluted atmosphere in the City. 6. Learned Addl. Advocate General has also furnished submissions on behalf of the district administration and same were also taken on record. Learned counsel for the petitioners also apprised this Court that Municipal Board, Udaipur has framed h by for regulating and functioning of such marriage halls and places. Therefore, in the same light, the Municipal Corporation, Jodhpur is also required to frame bylaws in accordance with Section 90 of the Act of 1959. 7. Upon perusal of the pleading of this case, so also the suggestions made by both the learned counsel, assisting the Court and learned Addl. Advocate General on behalf of district administration as also looking to the fact that a number of marriage places have cropped up in the Jodhpur City which are creating unnecessary hardship to the smooth living of the residents of nearby places by way of noise pollution, traffic problem, spreading up of waste food on the roads etc., I deem it just and proper to send a copy of the suggestions made by both the learned counsel, assisting the Court as well as the suggestions made by learned Addl. Advocate General on behalf of the district administration, so also copy of the bylaws, framed by Municipal Council, Udaipur to the Municipal Corporation, Jodhpur with directions that proper bylaws for the eradication of the problems of citizens of Jodhpur City shall be framed because under the Act of 1959, it is the duty of Municipal Corporation, Jodhpur under Section 90 and other provisions of the Act of 1959 to frame bylaws to regulate proper functioning of marriage places and to remove public problems. 8. The Municipal Corporation, Jodhpur is directed to frame such bylaws within a period of six months from today. Till then, the Municipal Corporation, Jodhpur is directed to comply with the following directions : 1. The Municipal Corporation, Jodhpur is directed to make a survey of Jodhpur City including the places for which the petitioners are raising their grievances and after survey, ward-wise list may be prepared for such places where marriages, parties and other functions are solemnised by hiring these places; 2. The Municipal Corporation, Jodhpur is directed to make a survey of Jodhpur City including the places for which the petitioners are raising their grievances and after survey, ward-wise list may be prepared for such places where marriages, parties and other functions are solemnised by hiring these places; 2. After getting information by survey, the owners of those premises shall be directed to get registration with the Municipal Corporation, Jodhpur and registration may be made on depositing fee for registration, which shall be determined by the Municipal Corporation, Jodhpur after taking into consideration the area where such places are situated. Further, such fee shall be fixed on the basis of total area which is used for the said purpose. 3. The District Collector, Jodhpur shall direct all the educational institutions not to allow any school for the purpose of marriage and other programmes other than Government programme on the working days and they shall be directed that in the event of allowing to use premises for the said purposes an undertaking may be taken from concerned person that no traffic problems will be created and waste food and other waste commodities will not be thrown on the road-side and after using the place they will make arrangement to clean the place without delay. 4. The Municipal Corporation shall further ensure the cleanliness of such places by the persons hiring such places after the performance of functions failing which the Municipal Corporation will be at liberty to impose penalty against the owner of such place. 5. The Municipal Corporation while making registration shall impose condition for proper parking of the vehicles that the owner of marriage places shall appoint watchman/gatekeeper/security guard outside the marriage place and ensure that comfort and convenience of residents is not disturbed. 6. The Municipal Corporation, Jodhpur shall also put condition at the time of registration that the persons in whose favour the registration is granted shall furnish an undertaking that he will comply with all the terms and conditions put by the Municipal Corporation otherwise, the Municipal Corporation will be at liberty to impose a penalty upon them to the extent of Rs. 2000/-. 7. 2000/-. 7. The Municipal Corporation is also directed to put condition at the time of registration that owners of such marriage places will comply with the directions of Hon'ble Supreme Court reported in AIR 2005 SC 3136 with regard to using loud speakers, fire crackers, vehicular noise and awareness as above and shall obtain certificate from pollution board so as to limit the noise as per prescribed decibel in the area. 8. The Municipal Corporation is also directed not to register and allow any premises to use for marriage and other purposes, which is allotted by the Government for any other specific purposes. It is also made clear that the Government Department are not required to get any registration for the said purpose but they shall comply with the above directions at the time of granting permission to any person to use the premises and shall take undertaking from concerned person that he will not create traffic problem and will clean the road outside the place. So also will not create the noise pollution. The added schools and institutions are also not required to get registration with the Municipal Corporation but they shall obtain undertaking from the persons concerned to follow the above directions. 9. The Municipal Corporation is also directed to send a copy of the undertaking given by the owner of the place to the concerned Police Station. If any contravention is made thereof, the SHO of concerned Police Station will take appropriate action against such owner of marriage place. 10. If it is found that owner of marriage place is not maintaining proper cleanliness by removing waste food and other waste articles after the performance of function then the Municipal Corporation, Jodhpur shall take action to clean the area and charges for the same may be recovered from the owner of the place. 11. In case, it is found that any of the owners of marriage places is not following the above guidelines or violating the undertaking then the Municipal Corporation will be at liberty to cancel the registration after providing opportunity of hearing to the concerned person. 9. The above directions will remain in force till formation of bylaws by the Municipal Corporation, Jodhpur. Office is directed to send copy of this order to Municipal Corporation, Jodhpur, Collector, Jodhpur and Superintendent of Police, Jodhpur for compliance. 10. Shri N.M. Lodha, Addl. 9. The above directions will remain in force till formation of bylaws by the Municipal Corporation, Jodhpur. Office is directed to send copy of this order to Municipal Corporation, Jodhpur, Collector, Jodhpur and Superintendent of Police, Jodhpur for compliance. 10. Shri N.M. Lodha, Addl. Advocate General is appearing for respondents No. 1 to 5, therefore, no notices are required to be issued to them. Issue notices to respondent No. 6 and respondents No. 7 to 15 to show cause why their marriage places be not closed till registration as per order of this Court. Notices are returnable within a period of four weeks.Stay petition disposed of. *******