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"5. Restrictions on the use of loudspeakers/public address system.-

(1) A loudspeaker or a public address system shall not be used except after obtaining written permission from the authority.
(2) The loudspeaker or public address system shall not be used at night (between 10.00 p.m. to 6.00 a.m.) except in closed premises for communication within, e.g. auditorium, conference rooms, community halls and banquet halls.
(3) Notwithstanding anything contained in Sub-rule(2), the State Government may, subject to such terms and conditions as are necessary to reduce noise pollution, permit use of loudspeakers or public address systems during night hours (between 10.00 p.m. to 12.00 midnight) on or during any cultural or religious occasion of a limited duration not exceeding fifteen days in all during a calendar year."
A perusal of the above provision shows that under Clause (3), the State Government has been empowered to "permit use of loudspeakers or public address systems during night hours (between 10 p.m. to 12.00 midnight) on or during any cultural or religious occasion of a limited duration not exceeding fifteen days........". Thus, the State Government is competent to permit the use of loudspeakers or public address systems even during the period from 10.00 p.m. to 12.00 midnight, This is precisely what has been done by the State Government by the impugned notification. The following provision has been added after Sub-rule 2:
"(3) Notwithstanding anything contained in Sub-rule (2), the State Government may, subject to such terms and conditions as are necessary to reduce noise pollution, permit use of loudspeakers or public address systems during night hours (between 10.00 p.m. to 12.00 midnight) on or during any cultural or religious festive occasion of a limited duration not exceeding fifteen days in all during a calender year."

5. Learned Counsel for the petitioner contends that under the provisions of R.5 of the Environment (Protection) Rules 1986, the State Government was required to notify the proposal and to invite objections.

6. The contention is misconceived. A perusal of the provision contained in R.5 of the 1986 Rules shows that the Central Government has been empowered to impose prohibition or restriction on the location of an industry etc. While placing this restriction, it is required to issue a notification and give an opportunity to the interested persons to file objections. In the present case, the Central Government has not made any modification or placed any restriction in exercise of the power under Rule 5 of the 1986 Rules. Thus, the question of giving any notice or invite any objections did not arise. In fact, the State Government has framed the rules in exercise of the power available to it under the Act and the Rules. No provision has been pointed out which may require the State Government to give an opportunity to the citizens to raise objections. Still further, a perusal of the provision contained in Rule 5 as enacted by the Central Government in the year 2000 clearly shows that the State Governments were empowered to permit use of the loudspeakers between 10.00 p.m. to 12 midnight during any cultural or religious occasions. This is precisely what has been done by the State Government. Its action is in strict conformity with the stipulation contained in Clause (3) of Rule 5 as framed by the Central Government.