The Bombay High Court today refused to allow Congress party to celebrate its 128th foundation day at the Shivaji Park ground on December 28, saying there had been gross violations of noise pollution control rules and damage to the playground in the past.

"We are not inclined to allow the petitioner to hold the celebrations as there has been violation of rules by a political party and others in the past and also damage to the ground," said Justices S C Dharmadhikari and R Y Ganoo.

Earlier, another bench had allowed Shiv Sena to hold Dussehra rally at the same ground subject with certain conditions.

However, a committee appointed by the court to monitor noise pollution control rules submitted a report saying Sena followers had committed violations.