Important point
Sub-rule (3) of Rule 5 of Noise Pollution (Regulation and Control) Rules 2002 which permitted State Government to relax applicability of sub-rule (2) and grant exemption therefrom between 10 p.m. and 12 midnight was not ultra vires the Constitution.

Judgment

R.C. Lahoti, CJI.—In exercise of the powers conferred by clause (ii) of sub-section (2) of Section 3, sub-section (i) and clause (b) of sub-section (2) of Sections 6 and 25 of the Environment (Protection) Act, 1986 (29/1986), read with Rule 5 of the Environment (Protection) Rules, 1986 the Central Government made the Noise Pollution (Regulation and Control) Rules, 2000 (hereinafter referred to as ‘the Noise Rules’) which have come into force w.e.f. 14th February, 2000.

2. Rule 5 of the Noise Rules reads as under:

“5. Restrictions on the use of loud speakers/public address system:–

(1) A loudspeaker or a public address system shall not be used except after obtaining written permission from the authority.

(2) A loudspeaker or a public address system shall not be used at night (between 10.00 p.m. to 6.00 p.m.) except in closed premises for communication within, e.g. auditoria, 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 loud speakers 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 calendar year.”

Sub-rule (3) has been inserted in the present form by the Noise Pollution (Regulation and Control) (Amendment) Rules, 2002 with effect from 11th October, 2002. The constitutional validity of sub-rule (3) was put in issue by the appellant herein by filing a writ petition in the High Court of Kerala. By its Judgment dated 14th March, 2003, the High Court has directed the petition to be dismissed and the sub-rule has been held to be intra vires. The aggrieved petitioner has filed this petition by special leave.

3. On behalf of the appellant, it has been submitted that this Court in its Judgment dated July 18, 2005 Noise Pollution (V), in Re., (2005) 5 SCC 733, has held that freedom from noise pollution is a part of the right to life under Article 21 of the Constitution. Noise interferes with the fundamental right of the citizens to live in peace and to protect themselves against forced audience. This Court has also held that as between 10 p.m. and 6 a.m. which is the time for the people to sleep and have peace, no noise pollution can be permitted. The appellant also submits that the impugned sub-rule (3) which permits the State Government to relax the applicability of sub-rule (2) and grant exemption therefrom between 10 p.m. and 12 midnight, is violative of Article 21 of the Constitution and runs counter to the law laid down by this Court in Noise Pollution (V), in Re. (supra).

4. The learned Solicitor General has defended the vires of the said sub-rule (3) and also the Judgment of the High Court. In his submission, the power to grant exemption is a reasonable restriction placed in public interest. The relaxation is for a period of 2 hours only and that too for a maximum of 15 days in all during a calendar year confined to cultural or religious occasions. Since the power has been conferred on the State Government by the Central Government it cannot further be delegated. The power would be exercised by the State Government by keeping in view the interest of the entire State population.

5. Our attention was invited to Government of Goa Order No. 7/4/98/STE/DIR/Part-I/1116 published in the Official Gazette, Government of Goa, Extraordinary No. 5, dated 5th February, 2005, wherein exercising the powers conferred by the said sub-rule (3) of Rule 5, the Government of Gao has specified nine days, in advance, on which the exemption granted by sub-rule (3) of Rule 5 would be available. The Government has reserved the power to notify six more days for cultural/religious festive occasions. Similarly, our attention was invited to Notification No. NP 200/24/3 (Part 3) dated 7th April, 2003 whereby the Maharashtra Go