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Research has established that sudden loud sound can cause acute damage to the ear drum and to the tiny hair cells in the cochlea of the internal ear. It has also been proven that prolonged noise as that from the pounding machines in some industries may cause temporary or permanent deafness, by damaging organs of corti in the internal ear. Noise can cause positive harm in geriatric stage. In the case at hand, the petitioner, a cardiac patient who has undergone a coronary artery bypass surgery in the year 1996 has knocked at the doors of justice under Articles 226 and 227 of the Constitution of India to command the respondents to take action against the use of loud- speaker and other public address system under the provisions of the Noise Pollution (Regulation and Control) Rules, 2000 (hereinafter referred to as 'the Rules') and further not to allow the respondent No. 7 causing such disturbance affecting the public tranquillity which ordinary things are powerless to bestow.

4. A return has been filed by the respondent No. 7 highlighting that the affairs of Sindhi Dharamshala, Jabalpur are managed by 'Sindhi Sewak Sabha' an Association of Sindhi Community, Jabalpur. It is pleaded that the Dharamshala is let out to every community and sect of people for the purposes of marriages, sermons/lectures of religious leaders, Bhagwat and Ram Katha etc. It is also setforth that Dharamshala is provided free of charge to the Government when the occasion or situation so warrants. Various instances have been narrate in the return. According to the said respondent that whenever Dharamshala is let out a condition is imposed that no loud-speaker etc., will be played in the Dharamshala without the permission of the City Magistrate and at no point of time any one has been permitted to play the loud-speaker without the appropriate permission. Reference has been made to certain permissions to show that the permissions are granted on certain stringent conditions. It has been setforth that the volume of loud-speaker does not exceed the permissible limit and hence, the petitioner cannot put the blame on the management of the Dharamshala.

Mr. R.N. Singh, learned Senior Counsel has canvassed that the Dharamshala only lets out the hall and area in question to the persons concerned in whose favour permissions are granted and if there is any violation it is open to the Law Enforcing Agency to take appropriate action.

7. To appreciate the rival submissions raised at the Bar it is apposite to refer to certain provisions of the 1985 Act. Section 2 (a) of the said Act defines "Loud music", Section 2 (b) defines "Loud speaker" and Section 2 (c) defines "Noise". Soft music has been defined under sub-section (f). Section 3 deals with Prohibition of soft music in certain cases. Section 4 deals with Prohibition of loud music. Section 5 stipulate General restrictions against the use of loud-speaker. Section 6 lays down the Restrictions on the use of horn-typed loud-speaker. Section 8 deals for use of loud-speakers for public purposes or making announcements and other provisions have been engrafted to control the noise and Section 18 confers powers on the District Magistrate to declare silence zones.

"4. Responsibility as to enforcement of noise pollution control measures.-- (1) The noise levels in any area/zone shall not exceed the ambient air quality standards in respect of noise as specified in the Schedule.

(2) The authority shall be responsible for the enforcement of noise pollution control measures and the due compliance of the ambient air quality standards in respect of noise.

5. Restrictions on the use of loud-speakers/public address system.-- (1) A loud-speaker or a public address system shall not be used except after obtaining written permission from the authority.