Jharkhand High Court
Court On Its Own Motion vs The State Of Jharkhand on 28 February, 2020
Author: S.N. Pathak
Bench: S. N. Pathak
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Contempt Case (Cvl.) No. 246 of 2019
Court on its own motion ... ... ... Petitioner
- VERSUS-
The State of Jharkhand ... ... ... Respondent
CORAM: HON'BLE MR. JUSTICE DR. S. N. PATHAK
For the Petitioner: Mr. Sreenu Garapati, Amicus curiae
For the State : Mr. Rajiv Ranjan, Advocate General
13/28.02.2020 On earlier occasions, this Court was of the view that orders of this Court has not been complied with in true letter and spirit. Specific orders and directions were issued by this Court in light of orders passed by the Hon'ble Apex Court in the case of Noise Pollution (V), IN RE Vs. Union of India & Anr. reported in (2005) 5 SCC
733. Though detailed order was passed but nothing was brought on record to show that orders were fully complied with and notification to that effect had been issued in view of order passed by this Court.
Today when the case is called out, Mr. Rajiv Ranjan, learned Advocate General submits that Mr. Rajiv Lochan Bakshi, Secretary, Jharkhand Pollution Board is physically present in the Court.
Mr. Rajiv Ranjan, learned Advocate General with apology submits that order and directions of this Court has been fully complied with in true letter and spirit. Learned counsel has been able to demonstrate this Court several notification issued by the State of Jharkhand which has been brought on record by way of affidavit dated 26.02.2020. It has been mentioned in the affidavit that already notification has been issued for the entire State of Jharkhand. The matter has been taken up at the level of the Chief Secretary and after getting proper notification issued from the Government, the entire State has been divided into several zones regarding declaration of the same as 'Silence Zone'.
From the notification it appears that list of educational institutions, courts and hospitals have been declared as "Silence Zone". The list of hospitals have been mentioned at Annexure-A (Pages-63 and 64 thereof). The industrial areas have also been mentioned at Pages-69 to 71 of the affidavit. The residential areas have also been mentioned in Annexure-K. From perusal of the Notification at Annexure-L, it appears that a meeting was convened in presence of the Chief Secretary of the State and 12 other officers including the Senior Superintendent of Police and Deputy Commissioner, Ranchi wherein it has been resolved to address the issue uniformly across the State and various decisions were taken. It has also been resolved that the responsibilities as to enforcement of pollution control measures shall be upon following officers:
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(i) All the Sub-Divisional Officers;
(ii) All the Sub-Divisional Police Officers/ Deputy Superintendent of Police;
(iii) Senior Superintendent of Police/ Superintendent of Police;
It was further resolved that the aforementioned officers will be responsible for implementation of the Rules and Regulations relating to Noise Pollution.
Mr. Sreenu Garapati, learned amicus curiae submits that though the respondents - State has come out with the notification regarding educational institutions but the same is not in consonance with the Rules. The educational institutions have not been identified.
This Court is of the considered view that much has been done but more is required to be done for effective implementation of the same. With all praise to the herculean tasks taken by the Secretary, Jharkhand Pollution Board and all the officers of the State under the leadership of Chief Secretary, final notification has been issued but much has to be done regarding its implementation in its true letter and spirit as per the Noise Pollution (Regulation and Control) Rules, 2000. Assurances have been given by learned Advocate General that entire Notification shall be implemented within a week.
This Court is of the view that the State machineries should take effective measures for putting hoardings at different important places of the township of Ranchi and display the same so that not only the citizens but others who enters the city from outside, are also made aware regarding silence zone and regarding implementation of the Noise Pollution (Regulation and Control) Rules, 2000. The officers responsible for implementation of the Act and the Rule shall be vigilant and if found that the same has been violated, the same should be brought to the notice of the senior officers. Regular meetings should also be held regarding effective implementation of the notification and a report to that effect should be given to the learned Advocate General to be placed before this Court on the next date. It is also expected that specific notification regarding the educational institutions shall also be brought on record.
As prayed, put up this case on 20.03.2020.
(Dr. S.N. Pathak, J.) RC