Telangana High Court
Miskin Sandeep Kumar, S/O. Sri M. Laxman ... vs The State Of Telangana on 4 January, 2022
Author: Shameem Akther
Bench: Shameem Akther
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
WRIT PETITION No.28061 OF 2015
ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioners, wherein the following prayer is made:
"...to issue a writ of mandamus or any other appropriate writ, order or direction declaring the action of the respondents in issuing alleged notice dated 16.08.2015 as illegal, arbitrary and violation of fundamental rights guaranteed under Articles 14 and 19(1)(g) of constitution of India and consequently declare the same as void since the notice has been issued without power or authority and to pass...."
2. Heard both sides. Perused the record.
3. Learned counsel for the petitioner would submit that the petitioners are eking livelihood by leasing sound systems, such as Loud Speakers, Sound Boxes, Basebin etc., to customers on occasion of marriages. They also lease the sound systems to several public offices on independence day, republic day etc., for meagre amount. While so, the respondent No.3/Station House Officer, Narayanpet Police Station, issued the impugned notice, dated 16.08.2015, stating that according to Section 5 of The Noise Pollution (Regulation and Control) Rules, 2000 (for short, 'the Rules') and Environment (Protection) Act, 1986, usage of Loud Speakers and Public Address system in public places is banned and as such, if DJ is used in any programmes, action would be taken as per law. As per 2(c) of the Rules, respondent No.3 is not the competent authority to issue the impugned notice, dated 16.08.2015. The Rules prescribe restriction of volume of sound, but do not prescribe complete ban for using the loud speakers. 2 Pursuant to the impugned notice, dated 16.08.2015, the respondent No.3 is compelling the petitioners not to lease any type of sound system to anybody, which is arbitrary, illegal and ultimately prayed to allow the writ petition as prayed for.
4. This court, while admitting the writ petition on 14.09.2015, passed interim order, which reads as follows:
"In this matter challenge is to the notice, dated 16.08.2015 issued by the Circle Inspector of Police, Narayanpet Police Station purportedly under the provisions of Rule 5 of Noise Pollution (Regulation and Control) Rules, 2000 (for short, 'the Rules').
It is the contention of the learned counsel for the petitioners that the provisions of Rule 5 of the Rules do not authorise the respondent authorities to restrain the petitioners who are engaged in the business of letting out the loud speakers and in fact the same authorises the respondents to take action on the users who fail to adhere to the said Rules.
A perusal of the said Rule prima facie supports the said contention of the learned counsel for the petitioners.
In view of the above, there shall be a direction to the respondents not to interfere with the business of the petitioners i.e., letting out to the loud speakers but the same will not preclude the respondent-police authorities from taking action in the event of any violation of provisions of Rule 5 of the Rules by the consumers."
5. It is also apt to refer to Rule 5 of The Noise Pollution (Regulation and Control) Rules, 2000, reads as follows:
Restrictions on the use of loud speakers/public address system and sound producing instruments.- (1) A loud speaker or a public address system shall not be used except after obtaining written permission from the authority.
(2) A loud speaker or a public address system or any sound producing instrument or a musical instrument or a sound amplifier shall not be used at night time except in closed premises for communication within, like auditoria, conference rooms, community halls, banquet halls or during a public emergency.
(3) Notwithstanding anything contained in sub-rule (2), the State Government may subject to such terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or public address system and the like during night hours (between 10.00 p.m. to 12.00 midnight) on or during any cultural or religious festive occasion of a limited duration not exceeding fifteen days in all during a calendar year. The concerned State Government shall generally specify in advance, the number and particulars of the days on which such exemption would be operative.
(4) 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 (5) The peripheral noise level of a privately owned sound system or a sound producing instrument shall not, at the boundary of the private place, exceed by more than 5 dB (A) the ambient noise standards specified for the area in which it is used.3
6. A plain reading of the above extracted Rule 5 makes it clear that it do not authorise the respondent authorities to restrain the petitioners who are engaged in the business of letting out loud speakers, but authorises the respondents to take action in case of violation of the Rules by anyone. Further, as per 2(c) of the Rules, the 'authority' means and include a District Magistrate, Police Commissioner, or any other officer not below the rank of the Deputy Superintendent of Police designated for the maintenance of the ambient air quality standards in respect of noise, under any law for the time being in force. In the instant case, the impugned notice, dated 16.08.2015, has been issued by Circle Inspector of Police, Narayanpet Police Station, who is not the competent authority to issue such notice. Under these circumstances, the impugned notice dated 16.08.2015 is liable to be set aside.
7. Accordingly, the Writ Petition is allowed by setting aside the impugned notice, dated 16.08.2015, issued by Circle Inspector of Police, Narayanpet Police Station, against the petitioners.
Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
____________________ Dr. SHAMEEM AKTHER, J Date: 04.01.2022 ssp