2010 Supreme(Bom) 756

2010(4) ALL MR 650
IN THE HIGH COURT OF JUDICATURE AT BOMBAY (AURANGABAD BENCH)
A. M. KHANWILKAR & S. S. SHINDE, JJ.
Anand s/o. Bhimrao Salvi
Vs.
State of Maharashtra & Ors.
Writ Petition No.1996 of 2010 WITH Civil Application No.3289 of 2010 10th June, 2010.

Headnote:Noise Pollution (Regulation and Control) Rules, 2000 - Rules 2(c), 3, 4, 5 and 5-A - (As amended in 2010) - Writ petition (PIL) - Against noise pollution - Seeking direction against respondents 2 to 4 - For taking action against organizers Aurangabad Premier League holding cricket tournament T-20 at stadium situated in thick residential colony - Directions issued by Court from time to time - Court Commissioner report indicating, no proper device available to check voice level - No permission of designated authority obtained to operate loud speaker or public address system - Concerned officers not discharged their duties - Held - Appropriate Authority directed to take necessary action against police officials referred in Courts order dated 11.3.2010 - To ensure proper and sufficient numberof devices provided for monitoring noise level - State Govt. directed to take suitable measures as recommended by Supreme Court in 2005 (5) Bom CR 553 (SC) - Petition disposed of. - Also hope and trust that the Appropriate Authority will take necessary action against the two police officials referred to in order dated 11th March, 2010 with utmost dispatch. Further it is imperative to ensure that proper and sufficient number of devices are provided to the officials at the local level for monitoring the noise level. Besides the officials are also properly trained to handle those devices. In absence of which the enforcement of the laws governing noise pollution with remain only a mirage.

       Also want to impress upon the State Government, to take suitable measures as are recommended by the Apex Court in the case of In re : Noise Pollution (V) in addressing the problems in controlling noise pollution and solutions thereto and more particularly of spreading civic awareness amongst the youths in schools and colleges as well as in the police and civil administration.

       Noise Pollution (Regulation and Control) Rules, 2000 - Rules 2(c) and 5 - Grant of permission - For operating loud speaker or public address system by Police Inspector - Validity of - Held - Designated authority only can grant permission for operating loud speaker or publications system No express rule for delegation of such power to Police Inspector Police Inspector, granting permission not an authority within meaning of Rule 2(c) of Rules, 2000 No compliance of Rule 5 of Rules, 2000. Thus for operating loud speaker or public address system at such a place the permission can be granted only by designated authority. That power cannot be delegated in absence of express rule authorising such delegation of power to the Police Inspector. Admittedly in the present case the permission is granted on 2nd March, 2010 by the Police Inspector and not by the authority within the meaning of Rule 2(c) of the said Rules. Notably the permission does not refer to specific provisions of any enactment or the rules. However the permission granted by the Police Inspector would be referable to Section 36(e) or 36(ea) of the Bombay Police Act, 1951.

       Grant of such permission by the Inspector does not result in compliance of the requirement of Rule 5 of the said Rules of 2000 as amended. Whereas permission ascribable to this rule is to be granted by the authority within the meaning of Rule 2(c) of the said Rules. No such permission is forthcoming. It is fairly accepted by the counsel for the respondents that no application was made to the authority under the Rules of 2000. In that sense the respondent No. 5 did not possess valid permission for operating the loud speaker or public address system for the purpose of Rules of 2000 as amended. The said Rules have been introduced especially to deal with the mischief of increasing ambient noise levels in public places from various sources, inter alia, generator sets, loud speakers, public address system music systems other mechanical devices etc. which have deleterious effect on human health and the psychological well being of the people. The rules are framed to regulate and control noise producing the generating sources with objective of maintaining of ambient air quality standards in respect of noise.