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CASE NOTE HIGHLIGHT
IN THE SUPREME COURT OF INDIA
Writ Petition (C) No. 72 of 1998 with Civil Appeal No.
3735 of 2005 [Arising out of SLP
(C) No. 21851/2003]
Decided
On: 18.07.2005
Appellants: In Re: Noise Pollution - Implementation
of the Laws for restricting use
of loudspeakers and high volume producing sound systems
Vs.
Respondent:
WITH
Appellants: Forum, Prevention of Envn. and Sound
Pollution
Vs.
Respondent: Union of India (UOI) and Anr.
Hon'ble Judges: R.C. Lahoti, C.J. and Ashok
Bhan,
Counsels:
Raju Ramachandran, Additional Solicitor General (NP),
Jitendra Sharma (AC), N.N. Goswami, Rajiv Dutta, G.L.
Sanghi, P.N. Mishra and R. Mohan, Sr. Advs., Sandeep
Narain (AC), Anil Kumar Mittal, Anjali Jha, M.K.S. Menon,
M.K. Michael, Indra Sawhney, Meenakshi Arora, P. Parmeswaran,
Anil Katiyar, A. Francis Julian, A. Subhashini, D.S.
Mahra, Ashok Bhan, Varuna Bhandari Gungnani, Vijay Panjwani,
K.R. Sasiprabhu (NP), Jagjit Singh Chhabra (NP), Sanjay
V.S. Choudhury, Niraj Kumar, V.K. Sidharthan, P.V. Yogeswaran,
S. Ravi Shankar, Yamunah Nachiar and M.A. Chinnaswamy,
Advs. for the appearing parties
Subject: Constitution
Subject: Environment
Catch Words: Abatement, Accused, Acquisition, Ad Hoc
Basis, Administrative Action, Air Pollution, Air Quality
Standard, Aircraft Noise, Allowance, Atmospheric Pollution,
Composition, Conduct of Business, Constitution of India,
Construction Site, Criminal Prosecution, Damage, Decent
Environment, Definition, Discrimination, Domestic Noise,
Duration, Educational Institution, Emergency, Emission,
Emission Standard, Enforcement of Fundamental Right,
Enforcement of Law, Environment Agency, Environmental
Pollution, Environmental Protection, Existing Law, Federation,
Freedom of Speech, Fundamental Duties, Fundamental Right,
Guarantee, Interim Order, International Agreement, Issuance
of Direction, Jurisdiction, Legal Action, Legal Aid,
Legislation, Liberty, Life and Personal Liberty, Mandamus,
Motor Vehicle, National Parks, Neighbourhood Noise,
Noise Abatement, Noise Pollution, Non-Scheduled Premise,
Personal Liberty, Pollution Control, Public Health,
Public Interest, Public Interest Litigation, Public
Nuisance, Quality Standard, Reasonable Restriction,
Regulation, Representation, Right to Life, Right to
Live, Road Traffic, Scheduled Premises, Special Area,
Special Leave Petition, Statutory Nuisance, Temple,
The Executive, Third Schedule, Union Territories, Writ
of Mandamus
Acts/Rules/Orders:
Constitution of India - Articles 19, 19(1), 19(1)A,
19(10), 21, 25, 141 and 142; Noise Pollution Control
and Regulation Rules, 1999; Air (Prevention and Control
of Pollution) Act, 1981 - Section 2; Environment (Protection)
Act, 1986 - Section 2; Noise Abetment Act, 1960 - Section
2; Control on Pollution Act, 1974; Noise and Statutory
Nuisance Act, 1993; Noise Control Act, 1975; Noise Control
(Miscellaneous Articles) Regulations, 1995; Noise Control
(Motor Vehicles and Motor Vehicle Accessories) Regulations,
1995; Noise Control Ordinance; Noise Pollution (Regulation
and Control) Rules, 2000 - Rule 3; Indian Penal Code,
1860 - Sections 95, 268, 290 and 291; Criminal Procedure
Code (CrPC), 1973 - Section 133; Factories Act, 1948
- Sections 89 and 90; Motor Vehicles Act, 1988; Central
Motor Vehicles Rules, 1989 - Rules 119 and 120; Central
Motor Vehicles (Amendment) Rules, 1999; Environment
(Protection) Rules, 1986 - Rule 89; Air (Prevention
and Control of Pollution) (Amendment) Act, 1987; Explosive
Rules, 1983 - Rule 87; Explosives Act, 1884; Madras
Town Nuisances Act, 1889
Cases Referred:
Free Legal Aid Cell Shri Sugan Chand Aggarwal alias
Bhagatji v. Govt. of NCT of Delhi and Ors., MANU/DE/0654/2001;
P.A. Jacob v. Superintendent of Police, Kottayam, MANU/KE/0001/1993;
Om Birangana Religious Society v. State, 100 CWN 617;
Kirori Mal Bishambar`` Dayal v. The State, MANU/PH/0003/1958;
Bhuban Ram and Ors. v. Bibhuti Bhushan Biswas, AIR 1919
Calcutta 539; Ivour Heyden v. State of Andhra Pradesh,
1984 Cri LJ (NOC) 16; Rabin Mukherjee v. State of West
Bengal, MANU/WB/0058/1985; People United for better
Living in Calcutta v. State of West Bengal, MANU/WB/0025/1993;
Burrabazar Fireworks Dealers Association v. Commissioner
of police, Calcutta, MANU/WB/0078/1997; Appa Rao, M.S.
v. Govt. of T.N. , (1995) 1 LW 319 (Mad); The Supreme
Court in Church of God (Full Gospel) in India v. K.K.R.
Majestic Colony Welfare Assn., MANU/SC/0537/2000; Charan
Lal Sahu v. Union of India, MANU/SC/0285/1990; M.C.
Mehta v. Union of India, MANU/SC/1081/2003; Moulana
Mufti Syed Md. Noorur Rehman Barkati v. State of West
Bengal, MANU/WB/0211/1998
Casenote
Environment – noise pollution - Articles 19, 19(1),
19(1)A, 19(10), 21, 25, 141 and 142 OF Constitution
of India , Noise Pollution Control and Regulation Rules,
1999, Section 2 of Air (Prevention and Control of Pollution)
Act, 1981, Section 2 of Environment (Protection) Act,
1986, Section 2 of Noise Abetment Act, 1960, Control
on Pollution Act, 1974, Noise and Statutory Nuisance
Act, 1993, Noise Control Act, 1975, Noise Control (Miscellaneous
Articles) Regulations, 1995, Noise Control (Motor Vehicles
and Motor Vehicle Accessories) Regulations, 1995, Noise
Control Ordinance, Rule 3 of Noise Pollution (Regulation
and Control) Rules, 2000 – petition seeking stringent
implementation of laws pertaining to noise pollution
– Apex Court considering gravity of matter issued
following direction - firecrackers to be evaluated on
basis of chemical composition – Department of
Explosive (DOE) directed to conduct study for this purpose
and to specify composition of chemicals allowable in
firecrackers – firecrackers to be divided into
light emitting and sound emitting category – complete
ban on bursting sound emitting firecrackers between
10 pm and 6 am – manufacturers of firecrackers
directed to mention on box of firecrackers the components
used in it – manufacturers to be held liable in
case formulae used by them does not match with specification
of DOE – manufacturers permitted to export firecrackers
with higher noise level subject to strict control –
regarding use of loudspeaker Court directed that noise
level at boundary of public place, where loudspeaker
or public address system or any other noise source is
being used shall not exceed 10 dB(A) above ambient noise
standards for area or 75 dB(A) whichever is lower –
beating of drum or tom-tom or blow of trumpet or beat
or sound of any instrument or use of any sound amplifier
at night (between 10. 00 p.m. and 6.a.m.) except in
public emergencies prohibited - peripheral noise level
of privately owned sound system restricted to dB(A)
- blowing of vehicular horn in residential area at night
hours prohibited – State directed to add chapters
in text books regarding ill effects of noise pollution
-State directed to specify ambient air quality standards
in different areas – State also directed to seize
loud speakers and amplifiers making noise beyond permissible
limit.
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