Madhya Pradesh High Court
Rajendra Kumar Verma vs Anthony Jc De Sa on 5 October, 2015
CONC-846-2015
(RAJENDRA KUMAR VERMA Vs ANTHONY JC DE SA)
05-10-2015
HIGH COURT OF MADHYA PRADESH PRINCIPAL
SEAT AT JABALPUR
Conc.No.846/2015
Rajendra Kumar Verma
Vs.
Anthony JC De Sa & Others
Present: Honâble Shri Rajendra Menon, J. &
Hon'ble Shri C. V. Sirpurkar, J.
____________________________________________________
Shri Satish Verma, learned counsel for the applicant.
Shri Swapnil Ganguly, learned Govt. Adv., for the respondents.
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ORDER
(5/10/2015.) Seeking strict enforcement of the directions issued by this Court on 6th January 2015 in W.P. No.4792/2015 (PIL) â Rajendra Kumar Verma Vs. State of M.P. & Others, this application has been filed for initiating action for contempt.
2. Before adverting to consider the grievance made in the application, facts and the directions issued in the original writ petition i.e. W.P. No.4792/2005 (PIL) may be taken note of. The said writ petition was filed by the petitioner and it was his contention that the State authorities are not taking any action for preventing environmental noise pollution caused during festive seasons, religious and social ceremonies spread over the year, by use of various sound amplifiers and other devices. Further direction is sought to prevent other atocities committed on the society in the name of religious festivals such as (a) traffic hazards by putting pandals on busy streets in an indiscriminate manner (b) theft of electricity with impunity for lighting and decoration of pandals resulting in loss to public exchequer and (c) extortion and intimidation of public by unscrupulous elements in the name of donation for the pandals.
3. After hearing elaborate submissions made and after referring to various statutory provisions, the learned Bench took note of the Environmental Protection Act, 1986, the local Acts applicable in the State of Madhya Pradesh, the Central Noise Pollution Act and Rules framed thereunder and after considering the provisions in para 28 and 29 dealt with the matter in the following manner :-
â28. Indubitably, sound producing devices having potential to produce sound noise in excess of the limit specified in Rule 3 read with Rule 5 of the Central Rules cannot be used W.P. No.4792/2005 (PIL) by anyone unilaterally. Prior permission in writing of the appropriate Authority is a must - even on the excepted days. Section 4 of the Adhiniyam of 1985 prohibits production of loud music between 10.00 P.M. to 6.00 A.M., which timing is consistent with the night time specified in the Schedule to Central Noise Pollution Rules of 2000. Section 5 of the Adhiniyam of 1985 also provides for restriction against the use of loud speakers between 10.00 P.M. to 6.00 A.M., which again is consistent with the Central Rules. Section 6 of the Adhiniyam of 1985 provides for restrictions on the use of horn-type loud speaker and Section 7 about the operation of loud speaker. None of these provisions are in conflict with the timing, place or the noise limits specified in the Central enactment and Rules framed thereunder.
29. As regards the use of loudspeakers at any religious place or premises where it is being used as a tradition, the sound level restrictions provided under the Central Legislation will have to be adhered to without any exception. The noise level at the boundary of the public place, where loud speakers or public address system or any other noise source is being used, has been specified as not exceeding 10 dB(A) above the ambient noise standards for the area or 75 dB(A), whichever is lower.
Whereas, W.P. No.4792/2005 (PIL) the peripheral noise level of a privately owned sound producing system or instrument has been specified as not exceeding more than 5 dB(A) at the boundary of the private place above the ambient noise standards specified for the area in which it is so used. The State Authorities are, therefore, obliged to adhere to these norms without any exception in future. The Commissioner of Police/Superintendent of Police and the Collector of the concerned District shall be personally responsible to regulate these matters. The State Authorities, however, shall not grant permission/licence for use of sound producing instruments beyond the permissible limits and also ensure that any violation of the Central Rules of 2000 should be proceeded strictly and in accordance with law. â (Emphasis Supplied) Finally, in para 30 considered the question of Noise Pollution in the light of religious activities being carried out and in para 30 made the following observations :-
â30. Notably, the legal position about the right to use of sound producing system for religious activities has already been considered by the Apex Court in the case of Church of God (Full Gospel) in India (supra). It is held that no religion prescribes that the prayers are required to be performed through voice amplifiers and by beating of drums. This judgment also addresses the issue about causing of obstructions to public thoroughfare and public roads for any religious activities. â Finally after considering various aspects of the matter in para 36 the petition was disposed of by issuing the following directions as are contained in para 37 of the order. Para 36 and 37 of the order reads as under :-
â36. As regards the grievance of petitioner regarding extortion and intimidation of public by unscrupulous elements in the name of donation for the Pandals, even that is a matter which must be brought to the notice of the local administration - be it police or Revenue or Municipal officials, who in turn must take immediate corrective action to redress such complaints. It may be desirable for all the duty-holders to provide for one common telephone helpline to ensure immediate response for W.P. No.4792/2005 (PIL) redressal of such complaints or receiving online complaint and to deal with such complaints in accordance with law including by registration of criminal action against the persons indulging in such unauthorized activity of intimidating the public to force them to donate involuntarily for the installation of Pandals for arranging functions.
37. Our attention was invited to the order passed by the National Green Tribunal, Central Zonal Bench, Bhopal in Neel Choudhary vs. State of M.P. and others10. This order has adverted to the directions given by the Principal Bench of NGT at New Delhi in its judgment of Supreme Court Group Housing Society vs. All India Panchayat Parishad and others decided on 18th December, 2012. Paragraph 9 of the said decision, reads, thus:
"In compliance with our directions, it appears a detailed Action Plan has been prepared in the meeting conveyed by the Divisional Commissioner, Delhi, the decisions taken, modalities adopted and duties assigned to various departments which attended the meeting. On perusal of this Action Plan, we feel that by and large it should be able to reduce/mitigate noise pollution. However, to make it more effective, few modifications have been suggested by us and modified Action Plan is placed below: -
. M.A.No.168/2013 & M.A. No.169/2013 (CZ) in O.A. No.18/2013 decided on 21.2.2014.
W.P. No.4792/2005 (PIL)
(a) To establish and run a call centre where the complaints related to noise pollution can be lodged 24 x 7 hours by the citizen.
(b) To draw a detailed action plan/ standard operating procedure (SOP) regarding control of noise pollution in industrial, hospitals and educational/ institutional areas including monitoring mechanism and surveillance system.
(c) To draw a detailed action plan / standard operating procedure (SOP) to implement ban or use of generator sets of capacity of 5 KVA and above in the residential area between 10 p.m. to 6 a.m.
(d) To examine and issue notification regarding inclusion of provisions for compounding of offences of noise pollution.
(e) To examine in details the requirement of use of decibel meters and to prepare a detailed standard operating procedure in this respect including maintenance and upkeep of sound decibel meters.
(ii) Actions to be taken by Transport Department: -
(a) Inclusion of status of pressure horn in the vehicle at the level of issuing pollution control certificate.
(b) To issue notifications with respect to increase of fine amount, ban on manufacturing / distribution / sale of pressure horn and ban on modification of vehicular silencers in the NCT of Delhi.
(c) To check and prohibit the entry of heavy vehicles fitted with pressure horn and to arrange for awareness in the form of pamphlets / slips etc. in association with DCs and Traffic Police.
(d) To conduct Information Education and Communication (IEC) programmes in W.P. No.4792/2005 (PIL) association with Education Department and the DCs.
(iii) Actions to be taken by the Traffic Police:-
(a) Mandatory Challan and prosecutions of noise polluting vehicles
(b) Strict implementation of the acts/ rules/directions.
(iv) Actions to be taken by the Delhi Police:
-
(a)The complaints so forwarded by the call centre be attended immediately by the Area SHO and confiscation and seizure of the amplifiers and other noise pollutants.
Production of the case before the area SDM within 24 hours of such seizure.
(b) To assist the area SDM in survey of the religious places causing noise pollution and provide necessary infrastructure to remove noise causing instruments and gadgets.
(c) To provide full support to the executing agencies as and when required.
(v) Action to be taken by the Office of the Deputy Commissioner:-
(a) SDMs to hear the cases and file prosecutions.
(b) SDMs to complete survey of religious places causing noise pollution and take steps to remove such installations.
(c) DCs to chalk out modalities in consultation with Transport Department for checking the vehicles fitted with pressure horn at the borders of Delhi with neighbouring states.
(d) To conduct Information Education and Communication (IEC) programmes in association with Education Department and the Transport Department.
(iv) Actions to be taken by the Education Department, GNCT of Delhi:-
(a) To incorporate education materials in the curriculum of the schools with respect to control of noise pollution.
(b) To organize the IEC activities amongst the students and youth in consultation with the DCs."
We direct the respondents to "additionally" follow these norms which may go a long way to assuage the complaints about noise pollution caused on account of use of sound producing instruments and vehicle pressure horns.â
4. Now in this application it is the case of the petitioner that nothing has been done and in the same allegations that were repeated in the writ petition have been reiterated and only one incident of illegal erection of Pandals on 4th May, 2015 around 8.30 p.m. In the road connecting Naudara Bridge and Karamchand Chowk in the city of Jabalpur has been indicated and a complaint is made that nothing was done to prevent this public nuisance. That apart, general allegations are made to say that at the time of festivals and other religious functions, directions issued in the writ petition are not being complied with.
5. Respondents have filed a reply supported by affidavit of Additional Chief Secretary, Home Department, Bhopal and it is pointed out that with regard to the incident of 4th April, 2015, a FIR has been registered and action is being taken in the matter. In para 6 of the return detail submissions have been made with regard to directives issued for the same. From the detailed affidavit filed by the respondents, it is seen that after the orders were passed by this Court for implementing the directions issued vide point No.27 is concerned, the State Government has already issued letters to District Magistrates and Superintendent of Police in the entire State to take appropriate action to comply with the directions contained in W.P. No.4792/2005 (PIL), the letter dated 3rd March, 2015 Annexure R/1 has been filed which goes to show that strict instructions have been issued for enforcing the directives issued by this Court. That apart, various directions issued on 29.4.2015, 20.5.2015, 23.6.2015, 25.6.2015 and 7.7.2015 have been brought on record vide Annexure R/2 to point out that directions have been issued to all concern in the matter of implementing the orders passed by this Court. In the matter of holding Bhandara and erecting Pandals in public road, it is indicated in the affidavit that all the Superintendent of Police and Collector of the Districts have been instructed to take strict action to stop the aforesaid happenings. As far as Azaans in the mosque is concerned, it is said that Azaans is conducted five times in a day and it is indicated that for the same already directions are available in the order passed vide para 29, this is being strictly implemented and therefore, no further directions are required. That apart, it is pointed out that this Court has already taken up the matter in Conc. No.1079/2015 and disposed of identical petition. It is pointed out by Shri Swapnil Ganguly that the petitioner has only filed this petition, with allegations general in nature without making any specific allegations or pointing out any violation. It is pointed out by him that except for one incident indicated in the petition, no other breach has been brought to the notice of this Court and on the basis of such a vague allegation, no action for contempt is required, particularly in the instructions already issued.
6. We find much force in the aforesaid contention advanced by Shri Swapnil Ganguly. This Court has already issued specific direction as are detailed herein above and if there is any specific violation, the petitioner should bring those facts to the notice of this Court and this Court may consider taking action in the matter. In the incident of 4.4.2015, already an FIR has been lodged. Superintendent of Police is directed to pursue with the FIR and after recording the statement of the petitioner, proceed in the matter in accordance with law. As we find there to be no name indicated in the FIR but as far as petitioner is concerned, names were supplied by the petitioner. If that be so, petitioner is granted liberty to make complaint in this regard with regard to the incident dated 4.4.2015 to Superintendent of Police and Superintendent of Police who is investigating into the FIR Annexure R/3, shall proceed in accordance with law.
7. During the course of hearing a complaint was made that the call centers has not been established where the citizen in general with regard to noise pollution or other illegality.
8. Shri Swapnil Ganguly invites our attention to the affidavit filed and points out that in every police station facilities have been made and aggrieved person is only to dial emergency number â100â and on the same being done, action will be taken. However, we direct the competent authority of the State Government, particularly, the Chief Secretary to create a call centre in each District where the citizen may have an opportunity to register them with regard to various violation as are indicated in the petition in W.P. No.4792/2005.
9. That apart, for the purpose of strictly enforcing the directions issued on 6.1.2015, in Writ Petition No.4792/2015, particularly in the operative part of the order and for the purpose of implementing these directions, the State Government may formulate a consolidated scheme, incorporating all the directions and thereafter issue instructions to all concerned, particularly, the District Magistrates/ Collectors, and the Superintendent of Police for enforcing the same strictly in their Districts.
10. With the aforesaid observation, finding no action to be taken in the matter, this application stands disposed of.
(RAJENDRA MENON) (C V SIRPURKAR)
JUDGE JUDGE