Uttarakhand High Court
WPPIL/39/2022 on 6 April, 2022
Author: S.K. Mishra
Bench: S.K. Mishra
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
SRI JUSTICE S.K. MISHRA, A.C.J.
AND
SRI JUSTICE R.C. KHULBE, J.
6TH APRIL, 2022
WPPIL No. 39 OF 2022
Between:
Talib Hasan and another. ...Petitioners.
and
State of Uttarakhand and others. ...Respondents
Counsel for the petitioners. : Mr. Vivek Shukla, learned counsel.
Counsel for the respondents : Mr. K.N. Joshi, learned Deputy
Advocate General for the State of
Uttarakhand.
Upon hearing the learned Counsel, the Court made
the following
JUDGMENT :(per Sri S.K. Mishra, A.C.J.) It is submitted by Mr. Vivek Shukla, the learned counsel for the petitioners, that because of noise pollution created by the loud-speakers attached to the domes of mosques and temples in Village-Dhanpura, District- Haridwar, normal life of people is being disturbed.
2. It is admitted by the parties that this Court in an earlier decided PIL bearing WPPIL No. 112 of 2015 has decided the case, and on 19.06.2018 had passed the following order:-
"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.
j. 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.
k. 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 2 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.
l. 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.
m. The pressure horns are banned through the State of Uttarakhand.
n. The violators of the Rules be penalized under the Rule 6 of the Noise Pollution (Regulation and Control) Rules, 2000.
o. All the Senior Superintendents of Police/ Superintendents of Police and Circle Officers are 3 directed to ensure that motorcycles throughout the State of Uttarakhand are duly fitted with silencers to avoid noise pollution and menace."
3. On the application filed by one of the mosques, namely 'Jama Masjid, the direction (i) of the aforesaid judgment was modified by this Court on 22.07.2020 as follows:-
"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 by more than 5dB(A) peripheral noise level above the ambient noise standards specified for the area in which it is used at the boundaries of the private place".
4. In that view of the matter, we also dispose of the present writ petition by granting liberty to the petitioner to file a properly articulated representation before District Magistrate, Haridwar, within a period of ten days hence, annexing a copy of this order, a copy of 4 the judgment passed in the WPPIL No. 112 of 2015, the order passed in the Modification Application filed in WPPIL No. 112 of 2015, and a copy of the brief. The learned District Magistrate, Haridwar, then, after affording a reasonable opportunity of hearing to the petitioner and the representatives of both the faiths from Village Dhanpura, shall take a decision within 21 days by passing a speaking and reasoned order. If it is found that the noise pollution created by the loud-speakers, so used by the religious institutions, is violating the norms of noise pollution standards, then appropriate order shall be passed by the District Magistrate, Haridwar restraining the religious institutions from crossing the noise barrier, and also ensure a proper mechanism for implementation of the directions issued by this Court in the judgment mentioned above within a period of thirty days.
5. In sequel thereto, the interim relief application also stands disposed of.
6. Urgent certified copy of this order be issued to the parties, as per Rules.
________________ S.K. MISHRA, A.C.J. ____________ R.C. KHULBE, J.
Dt: 6th April, 2022 Rathour 5