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2005 Supreme(SC) 1282

R. C. LAHOTI, ASHOK BHAN
NOISE POLLUTION (VI), IN RE – Appellant
Versus
. – Respondent


ORDER

1.Heard.

2. Having heard the learned counsel for all the applicants in several applications, we are inclined to entertain a very limited grievance and that is made clear hereunder.

3. Our attention is invited to the Noise Pollution (Regulation and Control) Rules, 2000 (hereinafter referred to as "the Noise Rules" for short) framed by the Central Government in exercise of the powers conferred by clause (ii) of sub-section (2) of Section 3, sub-section (1) and clause (b) of sub-section (2) Section 6 and Section 25 of the Environment (Protection) Act, 1986 read with Rule 5 of the Environment (Protection) Rules, 1986.

4. Vide S.O. 1088(E) dated 11-10-2002 sub-rule 3 was inserted by the Central Government in Rule 5 of the Noise Rules. The text of Rule 5, as amended on 11-10-2002 reads as under:

"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) A loudspeaker or a 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. auditoria, conference rooms, community












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