Patna High Court - Orders
Samir Kumar vs The State Of Bihar & Ors on 18 January, 2016
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.18942 of 2015
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1. Samir Kumar S/o Bipin Bihari Singh Resident of 2/B, Virasat
Shyama Niwas, A.G. Colony, Ashiana Nagar, P.S. Shastrinagar,
District - Patna 80002 Bihar
.... .... Petitioner
Versus
1. The State of Bihar through the Chief Secretary, Patna, Bihar
2. The Principal Secretary, Department of Environment and Forest, Patna,
Bihar
3. The Principal Secretary, Department of Home, Patna, Bihar
4. The Director General of Police ( Law & Order ), Govt. of Bihar, Patna
5. The State Pollution Control Board, Patna, Bihar
6. The District Magistrate, Patna, Bihar
7. The Senior Superintendent of Police, Patna, Bihar
8. The Secretary, Ministry of Forest and Environment, Govt. of India
.... .... Respondents
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Appearance :
For the Petitioner/s : Mr. Mrigank Mauli
For the Respondent/s : Mr. P.K. Verma, AAG-5
Mr. Suman Kr. Jha, AC to AAG-5
For Union of India : Mr. S.D. Sanjay, Add. S. G.
For the Board : Mr. Shivendra Kishore, Sr. Advocate
With Smt. Binita Singh, Advocate
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH)
6 18-01-2016This application under Article 226 of the Constitution of India, in the nature of public interest litigation, has been filed raising issues of noise pollution as a serious environmental menace having diverse adverse effects, caused by Loudspeakers, Crackers, Band Stereo, etc., being used in the State of Bihar, in complete breach of statutory provisions contained under Bihar Control of Use & Play of 2 Loud Speakers Act, 1955, and Environment Protection Act 1986 Noise Pollution ( Regulation and Control) Rules, 2000.
2. There is no dispute that during the marriage ceremonies and on various other occasions/celebrations, playing of music and bursting of Crackers take place with immunity in violation of statutory prescriptions. The petitioner has brought on record, by way of illustration, the data with respect to Patna Town, which shows that the noise level, during the period 2010-2011, was much higher than the prescribed standard. It has been stated at the bar that the noise level has gone up manifold during the subsequent years.
3. A counter affidavit has been filed on behalf of the Principal Secretary, Home Department, Government of Bihar, sworn by the Deputy Secretary of the Department, wherein it has been stated that the State Government and Central Government have taken steps to minimize the dangerous effect of noise pollution. It has further been stated that the guidelines issued by the Supreme Court, in Writ Petition ( C) No. 72 of 1998 ( Noise Pollution (V), IN RE Vs. Union of India & ors, reported in (2005) 5 SCC 733, have been circulated amongst the District Magistrate, Patna, Senior Superintendent of Police, Patna, through Home (Special Department) Letter dated 25.02.2015. It is the stand of the 3 State of Bihar that creating general awareness, in this regard, is the need of hour.
4. In the counter affidavit filed on behalf of the Bihar State Pollution Control Board, it has been stated, on the basis of data derived from certain locations at Patna, that during the months of April, June, November and December, 2015, noise level was found to be much higher than the standards prescribed for Residential, Industrial, Commercial and Silence Zone during the day and the night time. For controlling the menace of noise pollution in Patna town, the Board is of the view that steps are required to be taken, some of which have been mentioned in paragraph 10 of the counter affidavit. It is the stand of the Board that for maintenance of ambient air quality in terms of Regulation 2
(c) of the Noise Pollution (Regulation & Control) Rules, 2000, the District Magistrate/ Police Commissioner or any other Officers not below the rank of the Deputy Superintendent of Police, are authorities who are required to take steps to curb the menace.
5. Another counter affidavit has been filed on behalf of the District Magistrate, Patna, stating therein that through a recent communication, dated 05.01.2016, directions have been issued to the Sub-Divisional Police Officers/ Block Development Officers/Circle Officers and Officer Incharge of 4 all the Police Stations, in the Patna district to ensure the following:-
"(i) In no circumstances loudspeaker be used from 10.00 P.M. in the night to 06.00 A.M. in morning.
(ii) Even in marriage ceremonies, the Band Parties are not permitted to use loudspeaker after 10 P.M. in the night so that the old persons, patients and students don't suffer because of any high decibel sound.
(iii) In the day time the Officer Incharge of the respective Police Station should check whether the permission for the use of loudspeaker has been taken from the Sub Divisional Officer or not and the sound is within permission decibel.
(iv) All S.H.O would ensure whether DJ owners
have obtained license from competent
authorities or not and during marriage
ceremonies whether permission from SDO has been obtained or not.
(v) No diesel generators would be used without acoustic enclosure.
(vi) In case of any violation, action should be taken under various Sections of the Environment (Protection) Act 1986, Noise Pollution (Regulation and Control) Rules, 2000 (Amended Rules 2010) and provisions of the Loudspeaker Act."
6. In addition, it has been stated that the Superintendent of Police, Traffic, Patna/ The District 5 Transport Officer/All Sub-Divisional Officers/All Sub-Divisional Police Officers/Additional District Transport Officers/All Motor Vehicle Inspectors/All Enforcement Sub-Inspectors/All Officers Incharge of the respective Police Stations are required to take needful action with regard to use of "Pressure Horns" having sound much above the standard prescribed, which is in violation of Section 119(2) of the Central Motor Vehicles Act punishable under Section 190(2) thereof. The instructions, issued to them, are as follows:-
"(i) The sale of the pressure horns must be stopped immediately and in this direction, regular inspection of the concerned shops should be done.
(ii) If, pressure horn/multi-toned horn is found then it must be seized and legal action should be taken u/s 268,269,270,279,280,287,288,290,291,294 of the IPC and u/s 133 of the Cr.P. C.
(iii) When the pressure horn is being used by any vehicle then it must be seized and a fine of Rs. 1000/- should be recovered u/s 192 of the Motor Vehicles Act which should be mentioned in the owner book and if the pressure horn is used twice by the vehicle then a find of Rs.2000/- be recovered. If the owner book is in the smart card format then the D.T.O., Patna should be informed for taking needful action in this regard.
(iv) Legal action must be taken against such persons violating the traffic rules 6 under various sections of the M. V. Act.
(v) The licensing authority must ensure that while giving license to the spare part shops, the condition for not selling the pressure horn should be included under "Shops and Establishment Act" otherwise the said license of the concerned shop will be cancelled.
(vi) It is important to create awareness amongst the people for stopping air pollution and also let them know with regard to the side effects of the air pollution. In this direction District Public Relation Officer, Patna, District Transport Officer, Patna, All Sub Sub- Divisional Officers, All Sub-Divisional Police Officers, All Block Development Officers and All Circle Officers and all Officer in-charge through different message in co-operation with the Non Government Organizations."
7. It has been stipulated, in the said communication, that in case of non-compliance of the directions issued, strict action would be taken against the concerned Officer-in-charge or other concerned officers.
8. A supplementary affidavit has been filed, on behalf of the petitioner, in response to certain observations, made by the Court, inviting suggestions for effective implementation of the laws pertaining to control of noise pollution, certain suggestions have been made in the said supplementary affidavit filed on 15.01.2016. 7
9. In addition, Mr. Shambhu Sharan Singh, a learned Advocate of this Court, has given his suggestions, in writing, and has appeared before us pro bono publico dealing with the pollution problems in Patna town. The suggestions pertain, inter alia, to earmarking of silent Zone, maintenance of Garbage, cleanliness of Roads, declaration of e-Rickshaw Zone, stoppage of Auto- Rickshaws running with adulterated fuel. It has also been suggested by Mr. Shambhu Sharan Singh that use of CNG in different vehicles be encouraged.
10. Though the suggestions offered by Mr. Shambhu Sharan Singh are of immense value, we do not, at this stage, make any comment because of the nature of interim order, which we intend to pass for the present. We will consider these aspects on the next date of hearing of this matter.
11. In the meanwhile, we direct the Principal Secretary, Home Department, Government of Bihar, Principal Secretary, Department of Environment and Forest, the Director General of Police, Patna and the Chairman Bihar State Pollution Control Board to file their affidavits dealing with the suggestions as put forth on behalf of the petitioner and Mr. Shambhu Sharan Singh, a learned Advocate of this Court.
8
12. The Supreme Court, nearly 11 years ago, issued specific directions in case of Noise Pollution (V) In Re (supra) for keeping within control the noise menace. On the basis of the submissions advanced at the bar and the materials available on record, we have no doubt, in our mind that the authorities of the State of Bihar and other agencies have acted in utter disregard of the specific directions issued by the Supreme Court way back in the year 2005 with respect to the manufacture and use of fire crackers, loudspeakers and horns. We have noticed the concern shown by the Supreme Court in the case of Church of God ( Full Gospel) In India vs. K.K.R. Majestic Colony Welfare Association and others, reported in (2000) 7 SCC 282, on the dangerous effects of noise pollution by use of microphones or loudspeakers disturbing the piece and tranquility of the public.
13. In the light of the decision of the Supreme Court, as indicated above, and the facts, which are not in dispute, we are constrained to record that in a civilized society, noise pollution beyond the statutorily prescribed limit cannot, in the name of religion or celebrations, be created, which can have the effect of disturbing old and infirm persons, students and children having their sleep in the early hours and during the day time. The noise 9 pollution adversely affects students, who prepare for their examinations and also the old, infirm and sick people, who have a right to reasonable quietness without any nuisance or noise pollution.
14. In view of the facts and circumstances of the case and since the State authorities have not been able to satisfy us that desired and adequate steps have been taken by them to control the menace of noise pollution which has the effect of violating rights of a citizen to live with dignity and peace, we issue following directions to be followed strictly in all areas within the municipal limits of the State of Bihar:-
(A) Re: Loudspeakers (1) 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 10 dB(A) above the ambient noise standards for the area or 75 dB(A), whichever is lower.
(2) No one shall beat a drum or tom-tom or blow a trumpet or beat or sound any instrument or use any sound amplifier between 10.00 PM and 6 AM.
(3) The peripheral noise level of privately-owned sound system shall not exceed more than 5 dB(A) than the ambient air-quality standard specified for the area, wherein 10 it is used, at the boundary of the private place.
(B) Re: Vehicular Noise.
No horn should be allowed to be used between 10 PM and 6 AM) in residential areas except in exceptional circumstances.
(C) Re: Fire Crackers.
(1) There shall be no bursting of fire crackers of causing noise beyond the prescribed level between 6 AM and 10 PM.
(2) There shall be a complete ban on bursting sound-emitting firecrackers between 10 PM and 6 AM.
It is further directed that the District Magistrate, Patna, shall ensure strict enforcement of his own order, dated 15.01.2016, which has been taken note of in paragraph 5 as above.
15. The concerned District Magistrates/Senior Superintendents of Police/Superintendent of Police/Sub- Divisional Police Officers/Sub-Divisional Officers/Officers Incharge of the Police Stations shall ensure strict compliance of this Court's order and shall be obliged to take all preventive steps and legal action against the violators of the directions.
16. The Bihar Pollution Control Board shall take all possible measures to test the sound levels at various 11 places in Patna town and other places. The Board shall report to this Court the data and information collected and steps taken, in this regard, on the next date fixed for this case.
17. It is made clear that violation of any other directions given above shall be viewed seriously and any person, violating the direction or obstructing implementation of the order, shall personally be liable for contempt of this Court in addition to penal action in accordance with other provisions of law.
18. We direct the Principal Secretary, Home Department, Government of Bihar, to ensure, publication through Print and Electronic Media in order to make people of Bihar aware about the directions issued by the authorities for controlling noise pollution throughout the State of Bihar from time to time and a composite guidelines be issued, in this regard, to be followed throughout the State.
19. It is made clear that for the purpose of enforcing the directions issued by this Court, there would be no distinction between religious functions or celebrations of any other kind. These directions are required to be followed strictly without any demur.
20. Put up this matter, under the present 12 heading on 01.02.2016, and on that day, respondents shall file affidavits stating the steps taken by them, in this regard, in the meanwhile.
21. Let copies of the order be served on learned counsel representing the Union of India, the State of Bihar and the Bihar State Pollution Control Board.
(I.A. Ansari, ACJ) (Chakradhari Sharan Singh, J) ArunKumar/-
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