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In view of the above discussion, we direct the State Government / appropriate authority to undertake fresh exercise to declare the silence zone category in the light of the definition of Rule 2 (e) and Rule 2 (f) afresh.

The Rule 3 (2) cast an obligation on the State Government to categorize the area in industrial, commercial, residential and silence zone for the purpose of implementation of noise standards for different areas.

The ambient air quality standards in respect of noise for different areas/zones shall be such as specified in the Schedule annexed to these Rules. The Rule also enjoins the State Government to take steps for abatement of noise including noise emanating from vehicular movements, blowing of horns, bursting of sound emitting firecrackers, use of loud speakers or public address system and sound producing instruments and ensure that the existing noise levels do not exceed the ambient air quality standards specified under these rules. An area comprising not less than 100 meters from hospitals, educational institutions and courts may be declared as silence area/zone for the purpose of these rules.

The Bombay High Court has incorporated some directions issued by the Supreme Court in NOISE POLLUTION (V), IN RE (supra).

At this juncture, it is apposite to extract the directions issued by the Supreme Court to all the States and its functionaries for compliance of its directions to control the noise pollution in the country.

The Supreme Court in NOISE POLLUTION (V), IN RE (supra) has issued the following directions:

"(i) Firecrackers

174. 1. On a comparison of the two systems, i.e. the present system of evaluating firecrackers on the basis of noise levels, and the other where the firecrackers shall be evaluated on the basis of chemical composition, we feel that the latter method is more practical and workable in Indian circumstances. It shall be followed unless and until replaced by a better system.

2. The Department of Explosives (DOE) shall undertake necessary research activity for the purpose and come out with the chemical formulae for each type or category or class of firecrackers. The DOE shall specify the proportion/composition as well as the maximum permissible weight of every chemical used in manufacturing firecrackers.

3. The Department of Explosives may divide the firecrackers into two categories- (i) Sound emitting firecrackers, and (ii) Colour/light emitting firecrackers.

4. There shall be a complete ban on bursting sound emitting firecrackers between 10 pm and 6 am. It is not necessary to impose restrictions as to time on bursting of colour/light emitting firecrackers.

5. Every manufacturer shall on the box of each firecracker mention details of its chemical contents and that it satisfies the requirement as laid down by DOE. In case of a failure on the part of the manufacturer to mention the details or in cases where the contents of the box do not match the chemical formulae as stated on the box, the manufacturer may be held liable.

6. Firecrackers for the purpose of export may be manufactured bearing higher noise levels subject to the following conditions: (i) The manufacturer should be permitted to do so only when he has an export order with him and not otherwise;(ii) The noise levels for these firecrackers should conform to the noise standards prescribed in the country to which they are intended to be exported as per the export order; (iii) These firecrackers should have a different colour packing, from those intended to be sold in India; (iv) They must carry a declaration printed thereon something like 'not for sale in India' or 'only for export to country AB' and so on.