Patna High Court - Orders
Surendra Prasad vs The State Of Bihar on 21 February, 2025
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2540 of 2024
In
Civil Writ Jurisdiction Case No.15202 of 2018
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Surendra Prasad
... ... Petitioner/s
Versus
The State of Bihar & Ors.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Raj Shekhar, Advocate
For the Opposite Party/s : Mr. Rakesh Kumar Ranjan, AC to GA-5
For the Pollution Board : Mr. Shivendra Kishore, Sr. Advocate
: Mr. Abhimanyu Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 21-02-2025Heard Mr. Raj Shekhar, learned counsel for the petitioner and Mr. Rakesh Kumar Ranjan, AC to GA-5 as also Mr. Shivendra Kishore, learned Senior Counsel for the Pollution Board duly assisted by Mr. Abhimanyu Singh.
2. Pursuant to the order dated 07.02.2025, a show cause is on record according to which the Chairman of the Bihar State Pollution Control Board (henceforth for short 'the Board') issued a letter vide memo no.119 dated 11.02.2025 with copy to the Senior Superintendent of Police, Patna to ensure that the noise level in the capital city is within the parameters of the order passed by the Hon'ble Supreme Court of India in the case of In re Noise Pollution (Civil Appeal No. 3735 of 2005), following direction was issued:
(i) "the noise level at the boundary of the public Patna High Court MJC No.2540 of 2024(4) dt.21-02-2025 2/6 place, where loudspeakers or public address system or any other noise source is being used shall not exceed 10dB(A) above the noise standards for the area or 75dB(A) whichever is lower;
(ii) no one shall beat a drum or tom-tom or blow a trumpet or beat or sound any instrument or use any sound amplifier at night (between 10:00 p.m. and 6:00 a.m.) except in public emergencies;
(iii) the peripheral noise level of privately-owned sound system shall not exceed by more than 5db(A) than the ambient-air quality standards specified for the area in which it is used, at the boundary of the private place."
3. Upon query, whether follow up letters have been sent to the District Magistrate, Patna and Senior Superintendent of Police, Patna to enquire about the steps having been taken by them, the answer is in negative.
4. Both Mr. Raj Shekhar as also the Amicus Curiae submit that a perusal of the Noise Pollution (Regulation and Control) Rules 2000 (henceforth for short 'the Rules') in paragraph no.4 speaks about responsibility as to enforcement of noise control measures.
5. Section 4 of 'the Rules' read as follows:
(1) the noise levels in any area/zone shall not Patna High Court MJC No.2540 of 2024(4) dt.21-02-2025 3/6 exceed the ambient air quality standards in respect of noise as specified in the Schedule. (2) the authority shall be responsible for the enforcement of noise pollution control measures and the due compliance of the ambient air quality standards in respect of noise. (3) the respective State Pollution Control Boards or Pollution Control Committee in consultation with the Central Pollution Control Board shall collect, compile and publish technical and statistical data relating to noise pollution and measures devised for its effective prevention, control and abatement.
6. This court again enquired whether 'the Board' has ever collected, compiled, published the technical and statistical data relating to noise pollution and the measures taken for its effective prevention, control in the State of Bihar in general and the capital city Patna, the answer is in negative. It is to be noted that despite the ban of the pressure horns in the Buses/Trucks years ago, the said vehicles fitted with pressure horns are still continuing and certainly 'the Board' may not have any data regarding the impounding/seizure of pressure horns by the District Administration/Traffic Police/different Police Stations.
7. However, Mr. Shivendra Kishore, learned Senior Counsel submits that 'the Board' has taken up the matter Patna High Court MJC No.2540 of 2024(4) dt.21-02-2025 4/6 seriously and the result will be seen soon.
8. The citizen of the State/capital city are suffering everyday/hour/minute/second and 'the Board' which has been assigned the duty to ensure that they provide noise/air/pollution free environment to them is failing in its duty. The letters sent to the District Magistrate, Patna/Senior Superintendent of Police, Patna and annexing the same with the show cause does not give any relief to the common citizen whose children are unable to study when the final examinations of different Boards are being held. The pregnant ladies are unable to have a good sleep so is/are the conditions of the patients/old age people not to speak about the aspiring candidates for the different competitive examinations whose future is/are at stake.
9. It is unfortunate that 'the Board' which was created to ensure clean environment to the citizen and have the power to check and stop the pollution specially noise pollution rampant in the capital city due to DJ Trolly/loudspeakers/pressure horns have completely failed. However, at times, they do woke up from deep slumber and take actions but only when they are interested in it and not otherwise.
10. In that background, this Court would like to record as follows:
Patna High Court MJC No.2540 of 2024(4) dt.21-02-2025 5/6
i) the advisory has been issued by the Board vide memo no. 119 dated 11.02.2025 addressed to the District Magistrate, Patna with the copy to the Senior Superintendent of Police, Patna as also the Secretary of the Environment, Forest and Climate Change, Bihar, Patna;
ii) 'the Board' as such is duty bound to seek report from the District Administration, Senior Superintendent of Police, Patna as to the steps taken pursuant to the letter dated 11.02.2025;
iii) 'the Board' is further duty bound to seek report from the Senior Superintendent of Police, Patna as to whether:
a) all the Police Stations within his jurisdiction have been sounded about the directions issued by 'the Board' for strict implementation of law relating to noise pollution or not;
b) whether all the Police Stations have submitted their reports through the SHO to the Senior Superintendent of Police, Patna on the points:
ia) any DJ Trolly/loudspeaker user of state capital has sought permission/granted license for its use within permissible limit in the jurisdiction of the said Police Patna High Court MJC No.2540 of 2024(4) dt.21-02-2025 6/6 Station or not;
iia) if permission/license granted, the documentary proof to support his/her case;
iiia) if no permission has been either sought and/or granted, the number of DJ Trolly/loudspeaker that have been impounded/seized by the different Police Stations between 01.01.2025 to 21.02.2025;
iva) whether any DJ/Orchestra are still continuing within their jurisdiction at present or not;
va) the number of pressure horns seized from the erring vehicles in the State capital and the Highways surrounding it.
11. Learned Senior Counsel for 'the Board' submits that after procuring the copy of the order, it shall be taking necessary steps and will be filing another supplementary show cause before 21.03.2025.
12. List this case on 21.03.2025.
(Rajiv Roy, J) vinayak/-
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