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{06th January, 2015} Per: A.M. Khanwilkar, Chief Justice:

The petitioner asserts that he is a well-known social worker and actively associated with many NGOs fighting for the cause of human dignity, civil liberty and social justice. He has W.P. No.4792/2005 (PIL) filed this public interest petition for direction to the State Authorities to prevent the environmental noise pollution caused during the festive seasons, religious and social ceremonies spread over the year, by use of various sound amplifiers and other devices besides the noise pollution by factories, trains and aeroplanes. Further direction is sought to prevent other atrocities committed on the society in the name of religious festivals such as (a) traffic hazards by putting Pandals on busy streets (the number proliferating each year) in an indiscriminate manner, (b) theft of electricity with impunity for lighting and decoration of Pandals, resulting in loss to public exchequer and (c) extortion and intimidation of public by unscrupulous elements in the name of donation for the Pandals.

6. Reliance is then placed on the provisions of Madhya Pradesh Kolahal Niyantran Adhiniyam, 1985 (in short "the Adhiniyam of 1985"). According to the petitioner, this enactment envisages mechanism for dealing with complaints relating to noise pollution caused inter alia due to loud speakers and other such appliances. However, the provisions in this Adhiniyam are not only negation of fundamental rights of the common man and the citizen but also against the spirit of the Noise Pollution (Regulation and Control) Rules, 2000. In that, Section 13 of the Adhiniyam of 1985 exempts the control of use of loudspeakers W.P. No.4792/2005 (PIL) during the festivals adumbrated under that Section. Thereby, it grants unfettered and untrammeled right in the hands of few religious fanatics so as to interfere with the rights of the residents in the locality to have noise free environment during festivals. Accordingly, it is asserted that that Section is ultra vires the Central Rules of 2000.

11. The Pollution Control Board has filed a separate return and has adverted to the relevant provisions concerning the prohibition of noise pollution and the mechanism for dealing with the complaints in that regard. It is stated that the Pollution Control Board has no authority to take any action against the person/Institution/Society/Association responsible for installation of Pandals and causing noise pollution. It is for the other Authorities such as District Magistrate, Police Commissioner or any other Officer designated for that purpose to ensure proper maintenance of ambient quality in respect of the noise levels under the concerned Rules.

Production of the case before the area SDM within 24 hours of such seizure.

(b) To assist the area SDM in survey of the religious places causing noise pollution and provide necessary infrastructure to remove noise causing instruments and gadgets.

(c) To provide full support to the executing agencies as and when required.

(v) Action to be taken by the Office of the Deputy Commissioner:- 

(a)   SDMs to hear         the   cases    and    file
      prosecutions.

(b) SDMs to complete survey of religious places causing noise pollution and take steps to remove such installations.