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2001 Supreme(AP) 573
Andhra Pradesh High Court
Judges : S.B.SINHA, V.V.S.RAO
P.Ramakiishna Sastry - Appellant
Versus
Commissioner of Police, Vijayawada - Respondent
Decided On : 06-15-01
Headnote:
Environment (Protection) Act, 1986 - Section 6 , 25, 3, sub-section (2), (1), (2), clause (ii) (b), Rule 5- Noise Pollution (Regulation and control) Rules, 2000 - Rule 3 , 8 - Motor Vehicles Act, 1988 - sections 28,38. , 95,96; 107,111,138 and 176 - Andhra pradesh Motor Vehicles Rules, 1989 - Rule 427 ,428 - A. P. Motor Vehicles rules, 1989 - Bengal Motor Vehicles Rules, 1940 Rule 114 (d) - Central Motor Vehicles Rules - Section 119 - Writ Petition - Public Interest Litigation - Noise pollution - Air Horns - Buses, lorries - There exists noise pollution in the City of Vijayawada is not in dispute. An affidavit, affirmed by sri B. Sreenivas, Sub-Inspector of Police on behalf of respondents 1,4 and 10 was filed contending that organised special camps were held to curb noise pollution with the assistance of A. P. Pollution Control Board and in the month of January, 2001, 1241 cases have been booked. All kinds of Gas horns/pneumatic horns and multi-tone horns fitted to motor vehicles were banned by the Commissioner of Police. It was further stated that directions have also been issued to remove the gas horns fitted to all school buses and 3427 noise pollution cases have been booked within a period of six months against the drivers of vehicles who violated the traffic rules - The A. P. Pollution Control board in their status report admits of heavy noise pollution in vijayawada city caused on account of using of air horns by A. P. S. R. T. C. Buses, private tourist buses, lorries. It was pointed out that at junction points, turning of roads, the drivers blow horns at highest pitch as a result whereof, the traffic rules are violated, which result in causing accidents and noise problems. It was stated that noise values observed in Vijayawada city at all the three places viz. , Industrial, Commercial and residential areas have exceeded the normal values of noise levels fixed by the Central pollution Control Board. The values of noise levels recorded at the above three places are stated to be as under - Held, Averments made in the counter- affidavit filed by the respondents and the status report filed by the A. P. Pollution contf ol Board clearly depict that there exits sound pollution in the City of Vijayawada caused due to noise generated from motor vehicles and air. horns etc. fitted to them. It also stands admitted that despite taking action in this regard, the ambient Air quality Standards in respect of noise fixed by the Central Pollution Control Board in terms of the Noise Pollution (Regulation and Control) Rules, 2000 as also the directives issued by the Commissioner of police had not produced the desired results- THE Commissioner of Police, vijayawada city, therefore, must take appropriate action not only for the purpose of enforcement of the said rules but also for implementation of the guidelines issued by the A. P. Pollution Control Board and furthermore shall take appropriate action in accordance with Rules 427 and 428 of A. P. Motor Vehicles Rules, 1989 to prohibit the use of air horns and see that the directives issued in this regard from time to time are complied with scrupulously announcements should be made at regular intervals through the electronic media, press as regards the prohibition of the use of multi-toned horns or such other devices creating unduly harsh, shrill, loud or alarming noise - The authority should also issue appropriate directions regarding printing of a warning or affixing of a rubber stamp on all application forms required for fitness certificates, permits and in the registration books to the effect that the use of such horns and other similar devices creating unduly harsh, shrill, loud or alarming sounds is prohibited under the rules - The reasons aforementioned, the writ petition is disposed of with the above directions.
( 1 ) THIS Writ Petition was taken up as public Interest Litigation" on the basis of a letter dated 16-9-2000 written by a practising Advocate in Vijayawada City addressed to the Hon ble Chief Justice of this Court regarding the noise pollution created in the City of Vijayawada by reason of the use of Air Horns at their pitch by A. P. State Road Transport Corporation buses, lorries etc.
( 2 ) THE fact that there exists noise pollution in the City of Vijayawada is not in dispute. An affidavit, affirmed by sri B. Sreenivas, Sub-Inspector of Police on behalf of respondents 1,4 and 10 was filed contending that organised special camps were held to curb noise pollution with the assistance of A. P. Pollution Control Board and in the month of January, 2001, 1241 cases have been booked. All kinds of Gas horns/pneumatic horns and multi-tone horns fitted to motor vehicles were banned by the Commissioner of Police on 8-1-2001. It was further stated that directions have also been issued to remove the gas horns fitted to all school buses and 3427 noise pollution cases have been booked within a period of six months against the drivers of vehicles who violated the traffic rules.
( 3 ) HOWEVER, the A. P. Pollution Control board in their status report dated 26-2-2001 admits of heavy noise pollution in vijayawada city caused on account of using of air horns by A. P. S. R. T. C. Buses, private tourist buses, lorries. It was pointed out that at junction points, turning of roads, the drivers blow horns at highest pitch as a result whereof, the traffic rules are violated, which result in causing accidents and noise problems. It was stated that noise values observed in Vijayawada city at all the three places viz. , Industrial, Commercial and residential areas have exceeded the normal values of noise levels fixed by the Central pollution Control Board. The values of noise levels recorded at the above three places from 29-1-2001 to 10th February, 2001 are stated to be as under:
Place
Noise
Noise Levels
Lmax
Lmin
L Avg
Autonagar (Industrial area)
11 to 11. 30 am
98 to 104
61 to 67
86 to 89
Benz Circle Road Junction point (Commercial Area)
10 to 10. 30 am
102 to 112
75 to 80
84 to 97
Suryaraopet (Residential Area)
9 to 9. 30 am
71 to 78
50. 8 to 52. 0
61. 1 to 64. 0
( 4 ) A detailed report has also been annexed to the status report filed by the pollution Control Board.
( 5 ) IT is not in dispute that the Central government in exercise of its powers conferred by clause (ii) of sub-section (2) of section 3, sub-section (1) and clause (b) of sub-section (2) of Section 6 and Section 25 of the Environment (Protection) Act, 1986 (29 of 1986) read with Rule 5 of the environment (Protection) Rules, 1986 made rules for regulation and control of noise producing and generating sources known as The Noise Pollution (Regulation and control) Rules, 2000 (for short the said rules )- Rule 3 provides for ambient air quality standards in respect of different areas/zones which reads thus: (1) The ambient air quality standards in respect of noise for different areas/zones shall be such as specified in the Schedule annexed to these rules. (2) The State Government may categorize the areas into industrial, commercial, residential or silence areas/zones for the purpose of implementation of noise standards for different areas. (3) The State Government shall take measures for abatement of noise including noise emanating from vehicular movements and ensure that the existing noise levels do not exceed the ambient air quality standards specified under these rules. (4) All Development authorities, local bodies and other concerned authorities while planning developmental activity or carrying out functions relating to town and country planning shall take into consideration all aspects of noise pollution as a parameter of quality of life to avoid noise menace and to achieve the objective of maintaining the ambient air quality standards in respect of noise. (5) An area comprising
