Document Fragment View

Matching Fragments

22. We may, at this stage, consider apposite to take note of law laid down by this Court in Noise Pollution(V), In Re - Implementation of the Laws for restricting use of loudspeakers and high volume producing sound systems, (2005) 5 SCC 733, as in our considered view, it has a material bearing over the issue, which is the subject matter of this appeal.

23. This Court while entertaining the PIL filed by one Organization called "Forum, Prevention of environmental and sound pollution" had the occasion to examine the issue in relation to nuisance of noise pollution caused to the people at large due to use of equipments/apparatus/articles etc. The noise pollution caused generates different kinds of sounds thereby constantly creates irritation and disturbance to the people. Since it was a continuing wrong all over the country and hence, this Court, in great detail, examined the issue in the light of the citizens rights guaranteed under Articles 19(1), 21 and 25 of the Constitution of India, read with all laws/rules/regulations relating to pollution, including penal laws governing this issue.

24. Chief Justice R.C. Lahoti (as His Lordship then was), speaking for the Bench in concluding para of the order, issued directions to all the States directing them to ensure that noise pollution caused due to use of various apparatus/ articles/ activities must be curbed and controlled by resorting to methods and modes specified in several rules/regulations dealing the subject. These directions are extracted herein below:

“XII. Directions It is hereby directed as under: