The right to a peaceful environment is protected under Article 21, and noise pollution laws must be enforced to prevent disturbance, regardless of religious practices.

JUDGMENT :

A.S. GADKARI, J.

1. This Petition under Article 226 of the Constitution of India is filed for (i) appropriate writ, order or direction in the nature of writ of mandamus, directing the Respondent Nos.4 & 5 to register F.I.R. against the offenders for using loudspeakers in high volume without permission, violating the Noise Pollution (Regulation and Control) Rules, 2000 [for short “Noise Pollution Rules”] and the provisions in the Environment (Protection) Act, 1986 [for short, “said Act”] and the other relevant laws thereof; (ii) for directing the Respondent No. 1-Commissioner of Police, Mumbai to take appropriate action against the Respondent Nos.2 to 5 for failure in discharging their official duty and defying and non implementing and/or non complying with the Orders dated 10th November 2012 and 16th August 2016 passed in Public Interest Litigation No. 173 of 2010; and for other consequential reliefs.

2. Heard Mr. Mhatre, learned counsel for Petitioners, Mr. Yagnik, learned A.P.P. for Respondent Nos. 1 to 6-State and Mr. Shetye, learned counsel for Respondent No. 7-M.P.C.B.

3. Petitioners are the associations registered with the concerned Authorities having their object to do development work for the locality, with the aim to improve the general welfare and quality of life of the citizens, to help the residents in the locality in solving the problems and issues being faced by them. Petitioners are suffering from the noise pollution being created by the concerned violators by using loudspeakers in high volume without legal permission from the Authorities and also due to the casual approach and inaction on the part of the Police Department, ignoring the Rules and law of the land and in carrying out their duties. The Petitioners have therefore been constrained to institute present Petition for enforcing their fundamental and legal rights as the residents living in the area stated in the Petition since the Respondent Nos. 1 to 5 have failed to protect their fundamental rights guaranteed under the Constitution of India to its citizens.

3.1 It is the case of the Petitioners that, the peace and tranquility in their locality are being constantly disturbed through the use of microphones and loudspeakers to recite ‘Azaan’ and other religious discourses by the offenders on a daily basis. That, there are many masjids and madrasas situated within the jurisdiction of Chunabhatti and Nehru Nagar, Kurla (East) Police Stations. The said masjids have fixed with/placed loudspeakers, microphones and/or amplifiers and the sound created therefrom is unbearable as the decibel level of the said sound is not only excessive but beyond the permissible decibel limits under the law. That, the said loudspeakers are being used in the early morning hours i.e. as early as 5:00 a.m. as well as till the midnight and many a times even past midnight. The loudspeakers are being used five times a day for the purpose of Azaan (call for prayer regularly). That, use of loudspeakers in the early hours i.e. at about 5:00 a.m. in the morning are “prohibited hours” under the law and during the festival days, they are operated till 1:30 a.m., which is beyond permissible limit for its use, even if the permission is alleged to have been granted by the concerned Authorities.

3.2 That, there are many masjids in the locality of Nehru Nagar and Chunabhatti area. For example, the Petitioners have given names of three masjids in the Chunabhatti Police Station jurisdiction and six masjids in the Nehru Nagar Police Station jurisdiction, which according to them are causing considerable amount of noise pollution in the locality of Petitioners. That, the Bilali Masjid situated in Nehru Nagar, Kurla, area is surrounded by four hospitals and schools and all are situated within 100 meters of radius. That, as per the Noise Pollution Rules, 2000, the said area is a silent zone and use of loudspeakers thereof is completely prohibited.

3.3 The Petitioners made several complaints to the Po