Judgment

R.C. LAHOTI, C.J.I.- 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 of 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. 14-2-2000.

2. Rule 5 of the Noise Rules 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 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