Patna High Court - Orders
Surendra Prasad vs The State Of Bihar on 26 March, 2025
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2540 of 2024
In
Civil Writ Jurisdiction Case No.15202 of 2018
======================================================
Surendra Prasad Son of Late Motilal Prasad, Resident of House No. 405,
Ward No. 12, English Kabristan, Hanumangadhi, Motihari, Police Station-
Town, District- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dr. D.K. Shukla, The Chairman, Bihar State Pollution Board, Patna.
3. Sri S. Chandra Shekhar, The Secretary, Bihar State Pollution Board, Patna.
4. Sri Gopal Meena, The Commissioner, Tirhut Division, Muzaffarpur.
5. Sri Saurabh Jorwal, The District Magistrate-Cum- Collector, East
Champaran, Motihari.
6. Sri Kantesh Kumar Mishra, The Superintendent of Police, East Champaran,
Motihari.
7. Sri Shrestha Anupam, Sub- Divisional Officer, Sadar, Motihari, East
Champaran.
8. Smt. Sandhya Kumari, Circle Officer, Sadar, Motihari, East Champaran.
9. Sri Vinod Kumar Singh, The Civil Surgeon, Motihari, East Champaran.
10. Sri R.K.Mishra, The Chief Factory Inspector, Motihari, East Champaran.
11. Sri Rakesh Bhaskar, The Officer-in- Charge, Sadar, Motihari, East
Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Shekhar, Adv.
: Mr. Ajay, Amicus Curiae
For the Opposite Party/s : Mr.Government Advocate 5
Mr. Ajay, Amicus Curiae
for Bihar State Pollution Board, Patna: Mr. Shivendra Kishore, Sr. Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 26-03-2025Heard Mr. Ajay, learned Senior Counsel and Amicus Curiae appointed by the Court to assist in the matter as also Mr. Shivendra Kishore, learned Senior Counsel for the Bihar State Pollution Contol Board, Patna (henceforth for short 'the Board').
Patna High Court MJC No.2540 of 2024(5) dt.26-03-2025 2/16
2. It is unfortunate that despite the order passed on 21.02.2025, no supplementary show-cause has been filed to show what steps have been taken by the Opposite Party.
3. Learned Amicus Curiae has taken pains and burnt midnight oil which is reflected from the points formulated by him and need to be looked into. It read as follows:-
"Guidelines for Control of Noise
Pollution in Patna
In order to effectively control noise pollution in Patna, the Hon'ble Court may issue comprehensive guidelines by considering the existing statutory framework under the Environment Protection Act, 1986, the Noise Pollution (Regulation and Control) Rules, 2000, and relevant Bihar State laws, rules, and notifications related to noise and pollution control.
Statutory Framework in Bihar Relevant to Noise Pollution:
1. The Bihar State Pollution Control Board Act, 1974:
* Empowers the Bihar State Pollution Control Board (BSPCB) to regulate and control pollution, including noise pollution.
* BSPCB can prescribe permissible decibel levels and take action against violators.
2. Bihar Control of the Use & Play of Patna High Court MJC No.2540 of 2024(5) dt.26-03-2025 3/16 Loud-Speakers Act, 1955:
* It prohibits the use of loudspeakers without prior permission from the local authorities.
* Violations attract penalties, including fines and confiscation of the loudspeakers.
* Authorizes the police to maintain public order, including the regulation of noise levels during public gatherings, protests, and religious events (Chapter IX, section 68).
* Empowers the municipal authorities to regulate public nuisance, including noise pollution (Chapter XXVIII).
* Grants authority to regulate the use of loudspeakers in public spaces.
5. The Noise Pollution (Regulation and Control) Rules, 2000 (Central Rules):
* Defines permissible decibel limits in residential, industrial, commercial, and silence zones.
* Prohibits the use of loudspeakers or public address systems during night hours (10:00 PM to 6:00 AM), except with prior permission.
* Provides for penal actions for Patna High Court MJC No.2540 of 2024(5) dt.26-03-2025 4/16 violations.
2. Suggested Guidelines for the Court to Issue:
A) Regulation of Loudspeakers and Amplified Sound:
(i) Permitted Timeframe:
Prohibit the use of loudspeakers, DJs, and public address systems 10:00 PM and 6:00 AM.
(ii) Decibel Limit Enforcement:
* Prescribe the following permissible noise levels per the Noise Pollution Rules, 2000:
Residential areas: 55 dB (day) and 45 dB (night) Commercial areas: 65 dB (day) and 55 dB (night) Industrial areas: 75 dB (day) and 70 dB (night) Silence zones: 50 dB (day) and 40 dB (night).
(iii) Mandatory Permits:
* Mandate prior permission the local administration (District Magistrate/SDO) for the use of loudspeakers in public events.
Violation to attract fines and
confiscation of equipment.
(B) Monitoring and Enforcement
Mechanism:
Patna High Court MJC No.2540 of 2024(5) dt.26-03-2025 5/16
i) Noise Monitoring Committees:
Direct the formation of District-Level Noise Monitoring Committees in Patna, consisting of officials from:
(a) Bihar State Pollution Control Board (BSPCB)
(b) Police Department
(c) Municipal Corporation These committees should conduct regular decibel monitoring in sensitive areas (residential, silence zones, hospitals, and educational institutions).
(ii) Hotline and Complaint Mechanism:
a) * Set up an effective and prompt dedicated helpline and online portal (112) for lodging complaints regarding noise pollution.
b) * Ensure prompt action on complaints within prescribed hours.
C) Control over Events:
i) Prior Approval:
a) * Mandate prior approval from the District Magistrate or SDO for processions, religious functions, and social events using sound systems.
ii) Restrictions in Silence Zones:
Prohibit the use of loudspeakers and musical instruments in silence zones (near hospitals, schools, courts, and religious places).
iii) Event-Specific Guidelines:
Set maximum decibel limits for Patna High Court MJC No.2540 of 2024(5) dt.26-03-2025 6/16 marriages, religious functions, and rallies.
Ensure strict enforcement during political campaigns and rallies.
D) Penal Provisions for Violators:
i) fines and Penalties:
* First violation: Fine of ₹5,000 and seizure of equipment.
* Repeated violation: Fine of ₹10,000 and legal action under Section 15 of the Environment Protection Act, 1986 (imprisonment up to 5 years or fine up to 21 lakh).
ii) Strict Enforcement by Police:
* Empower police officers of the rank of SI or above to take immediate action in case of noise pollution complaints.
E) Awareness and Sensitization
Programs:
i) Public Awareness:
a) * Direct the Bihar State Pollution Control Board and local authorities to organize awareness campaigns on the harmful effects of noise pollution.
b)* Distribute pamphlets, posters, and promote messages through electronic and social media.
Public Display of Noise Levels:
Install digital noise meters in sensitive areas (near hospitals, schools, and courts) displaying real-time noise levels.
3. Legal Precedents and Supporting Patna High Court MJC No.2540 of 2024(5) dt.26-03-2025 7/16 Judgments:
In Re: Noise Pollution, (2005) 5 SCC 733:
* The Supreme Court issued strict guidelines regulating the use of loudspeakers and controlling noise pollution, which can serve as a reference for Patna.
Forum, Prevention of Environment and Sound Pollution v. Union of India, (2005) 10 SCC 510:
The Court held that unnecessary noise beyond permissible limits is a violation of Article 21 (Right to Life) and directed strict regulation of noise pollution.
4. Conclusion:
Based on the Delhi High Court's judgment in Free Legal Aid Cell Shri Sugan Chand Aggarwal alias Bhagatji v. Govt. of NCT of Delhi & Ors., (2001 SCC OnLine Del 713), the Hon'ble Court may issue the following comprehensive guidelines for Patna:
1. Strict regulation of loudspeakers and amplified sound, with mandatory permissions.
2. Protection of silence zones with a complete ban on noise-emitting devices.
3. Formation of District Level Noise Monitoring Committees.
4. Strict enforcement of penal provisions, including fines and confiscation of equipment.
Patna High Court MJC No.2540 of 2024(5) dt.26-03-2025 8/16
5. Public awareness campaigns and real-time display of noise levels.
These measures would ensure effective regulation, enforcement, and public compliance, creating a healthier and noise-free environment in Patna"
4. This Court appreciates the effort of Mr. Ajay. 'The Board' on the other hand is in the habit of shrugging of its responsibility but cannot deny the fact that it can take steps so far as it relates to Clause (E) Awareness and Senstization Program by Creating Public Awareness- Distributing pamphlets, posters and putting in messages in the radio/television as also the newspapers. It should have also installed digital noise metres in sensitive areas like Hospitals, Schools and Courts which would create public awareness regarding the need to take precautionary steps.
5. Mr. Ajay has further taken this Court to an order of Delhi High Court in the case of Free Legal Aid Cell Shri Sugan Chand Aggarwal @ Bhagatji v. Govt. of NCT of Delhi & Ors reported in 2001 SCC OnLine Del 713 with specific reference to paragraph-25 which reads as follows:-
"25. Noise pollution can be curbed by Patna High Court MJC No.2540 of 2024(5) dt.26-03-2025 9/16 adopting certain measures. Environment eco-
friendly technology should be adopted. Machinery should be designed and manufactured in such a way that it should not create more sound than allowable noise limits. Roads should be made sound proof, trees should be planted on both sides of the roads and outside the big factories and industries. Public awareness among masses should be created through seminars, conferences and the evil effects of noise free as it is rightly said that God is not deaf. Flights of aero planes should be also planned to curb noise. Noise Code regulating all aspects of noise pollution should be highlighted.
Houses of God should be kept peaceful and noise pollution may be enacted. As the problem of noise pollution has already crossed the danger point and noise like a smog is threatening as a slow agent of death, measures are needed to be taken in this regard, some of them being as follows:-
(i) The prescribed standards regarding noise by Govt. of India may be enforced strictly in letter and spirit.
Patna High Court MJC No.2540 of 2024(5) dt.26-03-2025 10/16
(ii) Separate Courts regarding noise pollution may be established.
(iii) The cases should be decided within a prescribed time limit.
(iv) All District Magistrates and Sub-
Divisional Magistrates should be empowered to issue prohibitory orders under Section 144 of the Code of Criminal Procedure, 1973 limiting the hours of loudspeakers in religious places and for other social gatherings and functions.
(v) The subject of environment protection may be made compulsory at school, college and University levels.
(vi) The press and media should play a constructive role to highlight disastrous effects of noise pollution and its remedy.
(vii) The District Administration and the concerned Pollution Control Boards should work out the modalities to prevent catastrophic effect of noise pollution by ensuring strict compliance with the statutory provisions, scanty though they are.
(viii) Both Central Government and State Patna High Court MJC No.2540 of 2024(5) dt.26-03-2025 11/16 Government should consider the desirability of having adequate legislative measures to prevent this fast growing menace which though appears to be 'silent' has in fact potentialities of producing a future generation of deaf persons.
(ix) Permanent monitoring bodies should be appointed to make periodic review of the situation and suggest remedial measures.
The composition of such body has to be determined by the State/Central Government.
(x) Use of firecrackers in religious festivals, marriage processions etc. should be regulated properly. It should be ensured that they are used in residential areas in such a manner that there is no likelihood of danger to life and property. In marriage processions, use of firecrackers on the public streets shall be prohibited. Use of firecrackers like anars, phuljaris and the like which do not have wider danger potential may, however, be permitted in restricted manner. It may be permitted at the place of marriage in the open area comprising not less than 100 metres around it. Patna High Court MJC No.2540 of 2024(5) dt.26-03-2025 12/16
(xi) Use, if any, permitted should also be between specified time-periods and should not be permitted in silence zones, hospitals, nursing homes and other health centers.
(xii) Periodic display in Press and electronic media should be made about the desirability of young children not using dangerous firecrackers and safe use thereof.
(xiii) Rule 5(2) of the Noise Pollution Rules restrict the use of loudspeakers, public address system at night, i.e., between 10.00 p.m. to 6.00 a.m., except in closed premises, like auditorium, etc. These devices cannot be used even during the day without obtaining permission in terms of Rule 5(1) but experience shows that the Rule is more observed in breach than in observance. We direct that the authority empowered to take action under the said Rules shall give vide publicity to the Rule by inserting appropriate advertisements in at least six national daily newspapers. It will be the responsibility of the area S.D.Ms. to see that the Rule is strictly adhered to in letter and spirit. Any default Patna High Court MJC No.2540 of 2024(5) dt.26-03-2025 13/16 in this regard will be treated as misconduct and the defaulting officer shall be liable for disciplinary action, besides action for disobeying Court's order."
6. This Court has also recorded the guidelines and the order of Hon'ble Delhi High Court. If the Bihar State Pollution Board goes through it and follows it religiously, the citizen of the State will definitely get respite from continuous noise/air pollution. 'The Board' will have to think, the precious lives of the citizen of Bihar is/are at stake. Every day/night, the air/noise pollution has made the life of the people miserable.
7. This Court has repeatedly opined that Bihar State Pollution Control Board is actually confined to the State capital only and as such, it should be renamed as Patna Pollution Control Board. This is because that not only the capital city, it further has no concern about the pollution condition of the different districts of this State.
8. An example in hand is the Supaul district. In the heart of the city is situated Gandhi Maidan near which a flyover is being constructed since ages. However, neither the Executive Officer, Nagar Parishad, Supaul nor the Executing Agency is/are taking any step to sprinkle water around the under construction site as a result whereof, the entire area remains Patna High Court MJC No.2540 of 2024(5) dt.26-03-2025 14/16 dusty all through the year. The fact that 'the Board' is unaware of it clearly shows that they are confined to the capital city while the citizen of Supaul are forced to inhale the dust. If 'the Board' surveys the area and calls for Medical Report, it will come to know about the death due to pollution. Who is responsible for the sufferings. Can the Pollution Control Board be exempted for the said situation.
9. Same is the situation near the Bhutaha Chowk on the NH 27 in the district of Madhubani through which people traverse to Nirmali (Supaul). Once the vehicle enters at Bhutaha Chowk from NH27and move towards Nirmali, dust ball greets the visitor. This continues for kilometres. Brick kiln construction is/are going over there without following the procedures they have to adhere to and 'the Board' which is/are one of the agency granting certificate, they are liable to be held guilty for the said criminal act.
10. On the next date of hearing, this Court would like to hear from 'the Board' on the steps it took relating to the different districts where the pollution level is too high. 'The Board always harp on the complaint needed to act. In this order, the facts have been incorporated and 'the Board' is well advised to treat is as complaint.
Patna High Court MJC No.2540 of 2024(5) dt.26-03-2025 15/16
11. Mr. Shivendra Kishore, learned Senior Counsel submits that unfortunately, supplementary show-cause could not be filed but in compliance of the order dated 21.02.2025, 'the Board' shall be filing the same within two weeks on 11.04.2025.
12. It is his further submission that 'the Board' has to rely on the District Administration/Police Officials and unless they look into the matter and take positive steps/cooperate, 'the Board' being Advisory Body, they cannot move much.
13. Learned Amicus Curiae in reply submits that there is absence of will power with 'the Board' inasmuch as wherever it is interested, they see to it that the Unit is closed, the pollution is removed. Here, there is no such will power with 'the Board' which reflects from the fact that no reminder has been issued to the District Administration/ Police Officials nor the same has been brought on record by way of supplementary show-cause.
14. Learned Senior Counsel for 'the Board' submits that in absence of proper instruction, he is not in a position to submit whether the reminder has been actually sent or not. He further submits that the District Magistrate, Patna as also the Senior Superintendent of Police, Patna have to take positive steps and take the advisory sent by 'the Board' seriously. Patna High Court MJC No.2540 of 2024(5) dt.26-03-2025 16/16
15. The point raised by the learned Senior Counsel for 'the Board' has been well taken. The District Magistrate, Patna as also the Senior Superintendent of Police, Patna are requested to look into the matter and see to it that the advisory sent by 'the Board' is taken up seriously and follow up action is/are also taken. They have to realize that the noise/air pollution is/are taking heavy toll on the health condition of the citizen of the capital city specially the old aged persons, the infant as also the pregnant lady.
16. List this case on 11.04.2025 when the matter shall be taken up/appropriate order shall be passed, once the supplementary show-cause of 'the Board' comes on record. This Court expects that 'the Board' shall also be submitting the Action Taken Report with regard to the pollution condition in Supaul/Bhutaha Chowk area.
17. Let a copy of the order be communicated to the office of the District Magistrate, Patna as also the Senior Superintendent of Police, Patna for their perusal and the needful.
18. List this case on 11.04.2025.
(Rajiv Roy, J) perwez U