Patna High Court - Orders
Surendra Prasad vs The State Of Bihar on 7 February, 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
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Shekhar, Adv.
For the Opposite Party/s : Mr. Ajay, GA-5
Mr. Saurav Kumar, AC to GA-5
For the Board : Mr. Shivendra Kishore, Sr. Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 07-02-2025Heard Mr. Raj Shekhar, learned counsel for the petitioner, Mr. Ajay, learned GA-5 and Mr. Shivendra Kishore, learned Senior Counsel for the Bihar State Pollution Control Board.
2. On 10.08.2023, this Court had directed the opposite party nos. 2 and 3 to take notice of the petitioner's case and pass an appropriate order.
3. Pursuant thereto, a show cause has been filed by the Opposite Party No. 2 and 3 to show that a decision has been taken which followed direction for closure of the mills. It is the case of learned Senior Counsel for the Bihar State Pollution Board that the order stands complied.
4. Both Mr. Raj Shekhar, learned counsel for the petitioner as also Mr. Ajay, G.A.-5 have jointly submitted that Bihar State Pollution Control Board (henceforth, for short Patna High Court MJC No.2540 of 2024(3) dt.07-02-2025 2/16 'The Board') comes out of deep slumber only after someone makes a complaint and despite the entire State fully polluted, their role cannot be seen by the common man. Even in the present case, only after the contempt petition was filed, they have taken steps.
5. Mr. Ajay, learned G.A.-5 has pointed out of number of pollution which is being faced by the citizen in the State of Bihar particularly the Capital City, the case of noise/sound pollution needs immediate attention. He submits that the Orchestra/DJ trolley roaming around the city as also those performing cultural function have completely forgotten what kind of sound/noise pollution they are creating.
6. He has taken this Court to the Bihar Control Of The Use And Play Of Loud Speakers Act, 1955 (henceforth for short 'the 1955 Act') which read as follows:
Bihar Control Of The Use And Play Of Loud Speakers Act, 1955 12 of 1955 [08 June 1955] PREAMBLE An Act to control the use and play of Loud-Speakers in the State of Bihar Patna High Court MJC No.2540 of 2024(3) dt.07-02-2025 3/16 Be it enacted by the Legislature of the State of Bihar in the Sixth Year of the Republic of India as follows:
1. Short title and extent :-
(1) This Act may be called the Bihar Control of the Use and Play of Loud-Speakers Act, 1955.
(2) It extends to the whole of the State of Bihar.
2. Definitions:-
In this Act, unless there is anything repugnant in the subject or context.
(i) "Loud-speaker" means an instrument to augment small sounds, vocal instrument or recorded; and
(ii) "prescribed" means prescribed by rules made under this Act.
3. Restriction against use and play of loud- speakers :-
No person shall use and play a loud-speaker-
(a) within such distance as may be prescribed from a hospital or from a building in which there is a telephone exchange; or
(b) within such distance as may be prescribed from any educational institution maintained, managed, recognised, or controlled by the State Government, a University established Patna High Court MJC No.2540 of 2024(3) dt.07-02-2025 4/16 under any law for the time being in force, or a local authority or admitted to such University, or any hostel maintained, managed or recognised by such institution when such institution or hostel is in the use of students; or
(c) within such distance as may be prescribed from a building in which a Court held during the hour of working of such Court; or
(d) between the hour of 10 P.M. and 6 A.M. without the permission in writing of the prescribed authority:
Provided that the provision of clauses (b), (c) or (d) shall not apply to any local area other than a municipal area until a notification applying the provision to such local area has been published in the official Gazette by the State Government or the prescribed authority.
Explanation.-
A municipal area means any area constituted for the time being a municipality or a notified area under the Bihar and Orissa Municipal Act, 1922 (B. & O. Act VII of 1922)], and includes Patna] as defined in the Patna Municipal Corporation Act, 1951 (Bihar Act XIII of 1952).
Ed-1 With the adaptation of Bihar Municipal Act, 1922 it may be read as "Jharkhand Municipal Act." Patna High Court MJC No.2540 of 2024(3) dt.07-02-2025 5/16 2 With the adaptation of "Patna Municipal Corporation Act, 1951 "these may be read as "Ranchi" and "Ranchi Municipal Corporation Act. 2001" respectively.
4. Exemption :-
Notwithstanding anything contained in clauses (a),
(b) and (c) of Section 3, a loud-speaker may be used and played with the permission in writing of the prescribed authority for any cultural, educational or humanitarian purposes or for purposes connected with the maintenance of law and order.
5. Application for permission to use loud-speaker :-
(1) Every application for permission under section 3 or 4 shall be made to the prescribed authority in the prescribed form and shall bear a court-fee stamp of one rupee:
Provided that no fees shall be charged for applications for the use and play of loud-speakers for humanitarian purposes or for purposes connected with the maintenance of law and order.
(2) The prescribed authority may grant or reject the application and, in granting such application, may impose any restriction or condition subject to which the applicant may use and play a loud-speaker.
Patna High Court MJC No.2540 of 2024(3) dt.07-02-2025 6/16
6. Cognizance of offence under this Act :-
No Magistrate shall take cognizance of an offence under this Act except on a complaint made by, or at the instance of, the person aggrieved by such offence or upon a report in writing made by any police officer:
Provided that nothing contained in this section shall affect the provisions of the Code of Criminal Procedure, 1973)1 (2 of 1974), in regard to the powers of certain Magistrate to take cognizance of offences upon information received or upon their own knowledge.
1. Substituted for old Code.
7. Power to seize loud-speaker :-
(1) Any police officer, not below the rank of assistant sub-inspector of police, who finds a person using and playing a loudspeaker in contravention of the provisions of this Act, may seize the loud-speaker.
(2) Such police-officer of any Court before which the loud-speaker is produced may release it in favour of any person claiming to be entitled to the possession thereof on his executing a bond with or without sureties, to the satisfaction of the police officer or the Court, engaging to produce the laud-speaker whenever called upon to do so.
Patna High Court MJC No.2540 of 2024(3) dt.07-02-2025 7/16
8. Offences to be bailable :-
An offence under this Act shall be bailable.
9. Penalty Any person who contravenes any of the provisions of this Act shall be punishable with imprisonment which may extend to one month or with fine which may extend to one hundred rupees or with both; and the Court trying such contravention may, on conviction of such person, direct that the loud-speaker seized under section 7 shall be forfeited to Government:
Provided that when the owner of the loud-speaker is a person other than the person convicted, the Court shall, before passing the order of forfeiture, give such owner a reasonable opportunity of showing cause, if any against such order.
10. Power to make rules :-
The State Government may, after previous publication in the official gazette, make rules for carrying out the purposes of this Act.
11. Repeal :-
The Bihar Control of the Use and Play of Loud- Speakers Act, 1947 (Bihar Act XIII of 1950), is hereby repealed.
7. Mr. Ajay has taken this Court to Section 3 of 'the Patna High Court MJC No.2540 of 2024(3) dt.07-02-2025 8/16 1955 Act' which clearly defines the kind of restrictions.
According to him, Section 5 which mandates application for permission to use the loud speaker is being violated by each and every individual in the State of Bihar in general and in the State Capital in particular. It is his further submission that Section 7 deals with the power to seize the loud speakers.
8. He has pointed out that in the year 1955, there was only loud speaker existing which has now given way to the DJs having multiple speakers in a trolley which crosses each and every street including the different Hospitals in and around the city with the sound level almost thousand times of what has been prescribed. This has not only affected the people with heart disease, old persons but also in some cases, it has led to the abortion of the pregnant lady. According to him, at that time, 'the Board' itself was not in existence which now has got an active role to control the pollution in and around the State of Bihar, particularly, State Capital.
9. He has further taken this Court to the Noise Pollution (Regulation and Control) Rules, 2000 (henceforth, for short 'the 2000 Rules') relating to noise pollution which has been issued by none less than 'the Board' itself.
10. It is appropriate to incorporate the short Patna High Court MJC No.2540 of 2024(3) dt.07-02-2025 9/16 Regulation which is/are as follows:
/ofu iznw"k.k ¼fofu;eu ,oa fu;a=.k½ fu;ekoyh] 2000 The Noise Pollution (Regulation and Control) Rules, 2000 fofHkUu L=ksrksa ls gksus okyh /ofu iznw'k.k dh jksdFkke gsrq i;kZoj.k ,oa ou ea=ky;] Hkkjr ljdkj }kjk i;kZoj.k ¼laj{k.k½ vf/kfu;e 1986 ds vUrxZr ^^ /ofu iznw'k.k ¼fofu;eu ,oa fu;a=.k½ fu;ekoyh] 2000 ^^ ¼;Fkk la"kksf/kr½ vf/klwfpr gSA 1- bl fu;ekoyh ds rgr fofHkUu {ks=ksa ds fy, "kksj ds lanHkZ esa ifjos"kh; ok;q xq.koRrk ekud fu/kkZfjr gS ¼vuqlwph esa n`'VO;½A mijksDr ekud ds vuqdwy ifjos"kh; ok;q dh xq.koRrk cuk;s j[kus rFkk "kksj ds fofHkUu L=ksrksa dks fu;af=r djus ds mn~ns"; ls vf/klwfpr ^^^^ /ofu iznw'k.k ¼fofu;eu ,oa fu;a=.k½ fu;ekoyh] 2000 ^^ ¼;Fkk la"kksf/kr½ dk vuqikyu lqfuf"pr fd;k tkuk vfuok;Z gSA 2- mDr fu;ekoyh ds fu;e &2 ¼x½ ds rgr "kksj ds lanHkZ esa ifjos"kh; ok;q xq.koRrk cuk;s j[kus gsrq ftyk inkf/kdkjh] iqfyl vk;qDr ;k ,slk dksbZ vU; vf/kdkjh Hkh gS tks iqfyl mi&v/kh{kd ds in ls uhps dk u gks] izkf/kdkjh ¼Authority½ ?kksf'kr gSA jkT; ljdkj dh vf/klwpuk la[;k&ou I;kZ- 05@10&151¼bZ-½] fnukad& 11-03-2016 }kjk lHkh vkj{kh v/kh{kd] lHkh vij lekgrkZ] lHkh vuqeaMy inkf/kdkjh] lHkh ou izeaMy inkf/kdkjh] lHkh lgk;d ou laj{kd] lHkh ftyk [kuu inkf/kdkjh] lHkh lgk;d ftyk [kuu inkf/kdkjh] lnL;&lfpo] fcgkj jkT; iznw'k.k fu;a=.k i"kZn~ ,oa lHkh vuqeaMyh; iqfyl inkf/kdkjh ¼S.D.P.O.½ fu;ekoyh ds fu;eksa ds izHkkoh vuqikyu gsrq izkf/kdkjh ¼Authority½ vf/klwfpr gSaA 3- /ofu ds laca/k esa vf/klwfpr ifjos"kh; ok;q xq.koRrk Patna High Court MJC No.2540 of 2024(3) dt.07-02-2025 10/16 ekud ds vuqdwy cuk;s j[kus gsrq fuEufyf[kr O;oLFkk cuk;h x;h gS%& i ykmMLihdj ;k yksd&lEcks/ku iz.kkyh dk mi;ksx izkf/kdkj ls fyf[kr vuqKk izkIr djus ds i'pkr~ gh fd;k tkuk gSA ii ykmMLihdj ;k yksd&lEcks/ku iz.kkyh ;k dksbZ /ofu mRiUu djus okyk ;a= ;k ok| midj.k dk mi;ksx ¼can ifjlj ;Fkk vkWfMVksfj;e] lEesyu d{k] lkeqnkf;d gkWy] izhfr Hkkst gkWy esa lalwpuk dk;Z ds flok;½ jkf= esa ugha fd;k tkuk gSA iii lkoZtfud LFky] tgka ykmMLihdj ;k yksd&lEcks/ku iz.kkyh ;k dksbZ /ofu dk dksbZ vU; L=zksr mi;ksx esa yk;k tk jgk gS] dh pkjnhokjh esa /ofu Lrj] {ks= ds fy, ifjos "kh; /ofu Lrj ls 10 dB(A) T;knk ;k 75 dB(A) tks Hkh de gks] lqfuf"pr fd;k tkuk gSA iv fdlh futh LokfeRo dh /ofu iz.kkyh ;k /ofu mRiUu djus okys midj.k dk ifj/kh; /ofu Lrj] futh LFkku dh pkjnhokj esa] ml {ks= tgka ;g mi;ksx esa yk;k tk jgk gS] ds fy, ifjos'kh; /ofu ekud ls 5 dB(A)- ls vf/kd ugha gks] lqfuf"pr fd;k tkuk gSA v ykmMLihdj ;k yksd&lacks/ku iz.kkyh] /ofu mRiUu djus okys ;a= ,oa Hkksaiw ¼gkWuZ½dk mi;ksx "kkar ifj{ks=ksa ;k jkf= le; esa vkoklh; {ks=ksa esa lkoZtfud vkikr ds flok; ugha fd;k tkuk gSA vi /ofu mRlftZr djus okys iVk[ksa "kkar {ks= ;k jkf= le; esa ugha QksM+k tkuk] lqfuf'pr fd;k tkuk gSA vii jkf= ds nkSjku "kkar vkSj vkoklh; {ks=ksa esa /ofu mRlftZr djus okyh fuekZ.k e"khuksa dk mi;ksx@lapkyu ugha djuk] lqfuf"pr fd;k tkuk gSA viii dsUnzh; eksVj okgu fu;ekoyh&1989 ds fu;e&119 ds rgr Patna High Court MJC No.2540 of 2024(3) dt.07-02-2025 11/16 fdlh Hkh okgu esa eYVh&VksUM gkWuZ ftlls fpUrktud "kksj mRiUu gksrk gks] dk mi;ksx izfrcaf/kr gSA 4- /ofu iznw"k.k fu;a=.k mik;ksa dks izo`Rr djus dk nkf;Ro% a vf/klwfpr @of.kZr izkf/kdkjh ¼Authority½] /ofu iznw'k.k fu;a=.k mik;ksa ds izorZu vkSj /ofu ls lacaf/kr ifjos"kh; ok;q xq.koRrk ekudksa ds lE;d ikyu ds fy, mRrjnk;h gSA b jkT; iznw'k.k fu;a=.k Ik'kZn~ }kjk dsUnzh; iznw'k.k fu;a=.k cksMZ ds ijke"kZ ls /ofu iznw'k.k ls lacaf/kr rduhdh vkSj lkaf[;dh vkadM+s laxzghr] ladfyr vkSj izdkf"kr fd;k tkuk gSA 5- "kkar {ks= esa fdlh mYya?ku ds dkj.k 'kfLr@ tqekZuk ¼Penalty½% tc dksbZ O;fDr "kkar {ks= ds vUrxZr vkus okys fdlh LFkku esa fuEufyf[kr dksbZ vijk/k djrk gS rks og i;kZoj.k ¼laj{k.k½ vf/kfu;e 1986 ds mica/kksa ds vuq:i "kkfLr@tqekZuk ¼Penalty½ ds fy, mRrjnk;h gksxk%7 i fdlh izdkj dk laxhr xkrk@ctkrk gS ;k dksbZ /ofu izo/kZd iz;ksx djrk gS] ;k ii <ksy@VkWe&VkWe ihVrk gS ;k gkWuZ ctkrk gS pkgs og laxhre; gks ;k nckus okyk ;k rqjgh ctkrk gS ;k fdlh ;a= dk ihVrk gS ;k ctkrk gS] ;k iii HkhM+ vkdf'kZr djus ds fy, vuqdj.k"khy] laxhre; ;k vU; vfHku; iznf"kZr djrk gS] ;k iv /ofu mRlftZr djus okys iVk[ksa QksM+rk gS] ;k v ykmMLihdj ;k yksd lacks/ku iz.kkyh dk mi;ksx djrk gSA 6- izkf/kdkjh dks dh tkus okyh f"kdk;rsa% Patna High Court MJC No.2540 of 2024(3) dt.07-02-2025 12/16
a) dksbZ O;fDr] ;fn /ofu Lrj ifjos"kh; /ofu ekud ls 10 dB(A) ls T;knk o<+ tkus ;k jkf= ds nkSjku yxk;s x;s izfrca/kksa ds ckjs esa bl fu;ekoyh ds fdlh mica/kksa ds mYya?ku dh fLFkfr esa izkf/kdkjh dks f"kdk;r dj ldsxkA
b) izkf/kdkjh] f"kdk;r ds vkyksd esa dk;Zokgh djsxk vkSj mYya?
kudrkZ ds fo:) bu fu;eksa vkSj izo`Rr fdlh vU; fu;ekoyh ds mica/kksa ds vuqlkj dk;Zokgh djsxkA 7- naMkRed O;oLFkk%& bu fu;eksa dk mYya?ku i;kZoj.k ¼laj{k.k½ vf/kfu;e] 7986 dh /kkjk 15 ds vUrxZr fn;s x;s naMkRed O;oLFkk dks vkd`'V djsxk tks ,sls vijk/kksa ds fy, T;knk ls t;knk 5 o'kksZa rd dk dkjkokl] tqekZuk ds fcuk vFkok vf/kdre ,d yk[k #i;s rd tqekZuk vFkok nksuksa dh ltk rd naMuh; gSA vuqlwfp [ fu;e 3 ¼1½ vkSj 4 ¼1½ nsf[k, ] /ofu ds laca/k esa ifjos"kh ok;q xq.koRrk ekud {ks= dk dksM {ks=@ifj{ks= dk izoxZ dB(A) leqesa lhek fnu dk le; jkr dk le;
¼d½ vkS|ksfxd {ks= 75 70
¼[k½ okf.kT; {ks= 65 55
¼x½ vkokfl; {ks= 55 45
¼?k½ "kkar ifj{ks= 50 40
fVIi.k% 1- fnu ds le; ls vfHkizsr gS iwokZg~u 6-00 cts ls vijkg~u 10-00 cts rdA
Patna High Court MJC No.2540 of 2024(3) dt.07-02-2025 13/16 2- jkf= ds le; ls vfHkizsr gS vijkg~u 10-00 cts ls iwokZg~u 6-00 cts rdA 3- "kkar ifj{ks= og {ks= gS tks vLirkyksa] "kS{kfud laLFkkuksa] U;k;ky;ksa] /kkfeZd LFkkuksa ;k ,sls vU; {ks= ftls l{ke iznkf/kdkjh }kjk bl izdkj ?kksf'kr fd;k x;k gS] ds vkl & ikl de&ls&de 100 ehVj esa lekfo'V gSA ½ 4- fefJr izoxksZa ds {ks= l{ke izkf/kdkj }kjk mij of.kZr pkj izoxksaZ esa ls ,d ?kksf'kr fd, tk ldrs gSAa dB(A) leq |ksrd gS ekuoh; Jo.k ls lacaf/kr ekid ^,^ ij Mslhcy esa /ofu dk le; Hkkfjr vkSlr LrjA Hkkfjr vkSlr LrjA ^Mslhcy ^ og ,dd gS ftlesa /ofu ekih tkrh gSA dB(A) leq esa ^,^ |ksrd gS /ofu ds eki esa vko`fr Hkkj vkSj ekuoh; dku dh vko`fr mRrj y{k.kksa ds le:i gSA Leq % ;g fofufnZ'V vof/k esa le; Hkkfjr vkSlr Lrj gSA
11. He has taken this Court to Section 3 of 'the 2000 rules' to show that the:
i) a permission is mandatory;
ii) it cannot be used in an open place in the night and the details of where to be used has also been incorporated;
iii) the sound level has been recorded as 10dB(A) which cannot be above 75dB(A).
12. He has again taken this Court to paragraph 5 to show that penalty has also been prescribed if the same is violated. He submits that 'the Board' is doing nothing to make the State Pollution free.
Patna High Court MJC No.2540 of 2024(3) dt.07-02-2025 14/16
13. The learned Senior Counsel submits that even otherwise, besides health hazard that is being created by the said noise pollution, the school going children, the young college students as also the persons who are preparing for the competitive exams, their entire routine has been affected as there is not a single street of the capital city left where the DJ trolley is/are not affecting. It is his further submission that even otherwise, the high decibel level of the sound in an open place during an event has completely made the life of the citizen of the city hell.
14. Mr. Shivendra Kishore, learned Senior Counsel representing 'The Board' submits that it is an advisory body and can point out the things that can be corrected/ can advise the appropriate authority who ultimately has to act.
15. Upon query of the Court that whether the points raised by Mr. Ajay who has been requested to assist the Court is not worth consideration and further whether what was the last advice given to the appropriate authority regarding the sound pollution that has been pointed out by both learned counsels Mr. Raj Shekhar and Mr. Ajay, there is no answer.
16. Mr. Shivendra Kishore, learned Senior Counsel though admit that being a citizen of this city, he too has faced Patna High Court MJC No.2540 of 2024(3) dt.07-02-2025 15/16 such problem, wants some time to bring on record all the facts and the steps that has been taken by 'the Board' to control the sound pollution in the city.
17. The affidavits may take time, it is high time that from today itself, 'The Pollution Control Board' not only act, it should be seen to be acting in furtherance of 'the 1955 Act' as also 'the 2000 Rules'and the result should be seen by the citizen of this city from tomorrow itself.
18. The learned lawyers present in the Court are free to submit their short affidavits on this point, their suggestions as also whether the points raised by the amicus curiae has been seriously taken by 'the Board' or not and whether there is any change in the Capital City or not.
19. At this stage, Mr. Shivendra Kishore, learned Senior Counsel submits that the Director and the Secretary shall be meeting today itself and will be taking the corrective measures and issue necessary interim advisory to the District Administration (District Magistrate, Patna)/Senior Superintendent of Police, Patna and a comprehensive order shall be passed thereafter so that the entire State of Bihar is benefited.
20. Since the order has been passed both in the Patna High Court MJC No.2540 of 2024(3) dt.07-02-2025 16/16 presence of Mr. Shivendra Kishore, learned Senior Counsel as also Mr. Kumar Ravish, learned Counsel representing 'the Board', this Court expects a positive action followed by show cause as it cannot become a white elephant on the State Government being paid from the State exchequer but allowing the people to suffer without any action taken in the matter.
21. It is reiterated that the learned lawyers who want to chip in in the present case can file their respective short affidavits bringing on record their suggestions/the improvements that has/have come in the city.
22. As prayed for, list this case on 14.02.2025.
(Rajiv Roy, J) Vijay Singh/-
U