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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.

(b) Decibel level of the sound systems in accordance with the schedule to the Noise Pollution (Regulation and Control) Rules, 2000. For ease of execution, it is prayed that use of horn type loudspeakers be banned and only box type speakers be allowed within Pandals subject to decibel levels prescribed by the aforementioned Central Rules of 2000.

(c) Theft of electricity by Pandals, by making it mandatory to use Meters at the site earmarked. It is further prayed that use of opulent decorative lamps be banned.

14. Regarding the issue of noise pollution due to loudspeakers or public address system and its impact on the basic human rights and the fundamental rights guaranteed by the Constitution of India to the persons in the neighbourhood and captive listeners, has been lucidly expounded in the decision of Noise Pollution (V), in RE with Forum, Prevention of Environmental & Sound Pollution v. Union of India and Another4. It may be apposite to refer to the directions issued by the Apex Court in the case of Noise Pollution (V), in RE (supra).

(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.

(ii). Loudspeakers

175. 1. The noise level at the boundary of the public place, where loudspeaker or public address system or any other noise source is being used shall W.P. No.4792/2005 (PIL) not exceed 10 dB(A) above the ambient noise standards for the area or 75 dB(A) whichever is lower.

2. No one shall beat a drum or tom-tom or blow a trumpet or beat or sound any instrument or use any sound amplifier at night (between 10 p.m. and 6 a.m.) except in public emergencies.