Raheesh Ahmad vs State Of Uttarakhand & Others

Ritu Bahri, CJ

Learned counsel for the petitioner has referred to the judgment passed by a Division Bench of this Court in Writ Petition (PIL) No.112 of 2015, dated 19.06.2018.

A perusal of the above judgment shows that certain directions have been given by the Division Bench with respect to industrial effluent/ waste and drop of chemical/ industrial waste material, which is discharged into the water, and in the open causing water and air pollution, and with respect to noise pollution, certain mandatory directions were issued:-

“i. The State Government is directed to ensure that no loudspeaker or public address system shall be used by any person including religious bodies in Temples, Mosques and Gurudwaras without written permission of the authority even during day time, that too, by getting an undertaking that the noise level shall not exceed more than 5dB(A) peripheral noise level.

ii. The State Government is directed to ensure that the loudspeaker, public address system, musical instrument and sound amplifier are not played during night time except in auditoria, conference rooms, community halls, banquet halls as per norms laid down under the Noise Pollution (Regulation and Control) Rules, 2000.

iii. The State Government is directed to ensure that loud speakers or public address systems are not used except between 10.00 p.m. to 12.00 midnight during any cultural or religious festive occasion of a limited duration not exceeding 15 days in all during a calendar year, that too, the noise level shall not exceed 10dB(A) above the ambient noise standards for the area. The peripheral noise level of a privately 26 owned sound system or a sound producing instrument shall not, at the boundary of the private place, exceed by more than 5dB(A). The authority concerned shall keep on visiting and monitoring at the public places, private places, auditoriums, conference rooms, community halls, banquet halls, temples, mosques and Gurudwaras to ensure due compliance of the Rules.

iv. We direct all the Senior Superintendents of Police/Superintendents of Police to ensure that no horn shall be used in silence zone or during the night time between 10.00 p.m. to 06.00 a.m. in residential areas except during public emergency. No sound emitting construction equipments shall be used or operated during the night time between 10.00 p.m. to 06.00 a.m. in residential areas or silence zone.

v. The pressure horns are banned through the State of Uttarakhand.

vi. The violators of the Rules be penalized under the Rule 6 of the Noise Pollution (Regulation and Control) Rules, 2000.

vii. All the Senior Superintendents of Police/ Superintendents of Police and Circle Officers are directed to ensure that motorcycles throughout the State of Uttarakhand are duly fitted with silencers to avoid noise pollution and menace.”

Keeping in view the above directions issued by the Division Bench of this Court, the petitioner has made a representation dated 13.06.2022 (Annexure-1) to the Sub-Divisional Magistrate, Bhagwanpur, District Haridwar, and along with the representation, the petitioner has given an affidavit (Annexure-2), dated 13.06.2022, for allowing him to use audio system/ loudspeaker at the time of offering Namaz.

Notice of motion. Learned State Counsel accepts notice on behalf of the respondents.

The Hon’ble Supreme Court in the case of Noise Pollution (VII), In Re [Form, Prevention of Environmental & Sound Pollution] vs. Union of India & another, (2005) 8 SCC 796, has held that that right to life includes freedom from noise pollution. Their Lordships have further held that polluter cannot take shelter under Article 19(1)(a) of the Constitution of India. Their Lordships have further held that freedom of speech and expression is not absolute right. Their Lordships have also laid down that awareness should be created in childhood against use of fire crackers. Their Lordships have also laid down that the noise level at the boundary of the public place where loudspeaker or public address system or any other noise source is being used shall not exceed 10dB(A) above the ambient noise standards for the area of 75 dB(A) whichever is lower. No person is permitted to beat a drum or tom-tom or blow a trumpet or beat or sound any instruments or use any sound amplifier at night (between 10 p.m. and 6 a.m.) except in public emergencies. The peripheral noise level of privately owned sound system shall not exceed by more than 5dB(A) than the ambient air quality standard specified for the area in which it is used, at the boundary of the private place. The horn cannot be blown/ used at night between 10 p.m. to 06 a.m. in residential area except in exceptional circumstances.

Without expressing any opinion on the merits of the present case, this writ petition is being disposed of by giving directions to the respondents to decide the representation of the petitioner dated 13.06.2022 (Annexure-1), keeping in view the judgment passed by the Division Bench of this Court in Writ Petition (PIL) No.112 of 2015, dated 19.06.2018, and in accordance with law expeditiously.

Pending application, if any, also stands disposed of.