( 1 ) THE petitioners who are manufacturers of various types of fire works, filed this writ application questioning a notification dated 3. 10. 1997 as contained in Annexure 'l' to the writ application whereby and whereunder the maximum permissible noise level of the fire works at the time of bursting was placed upto 90 Db (A) impulse noise at 5 meters from the source. It has also sought for an order permitting them to sell and/or dispose of the existing stock of fire-works.

( 2 ) THE fact of the matter is not in dispute.

( 3 ) A bench of this Court dealing with environmental matters considered the issue as regard the fixation of noise level in Om Birangana Religious Society v. State of West Bengal and Ors. C. O. No. 4303 (W) of 1995 as also in W. P. No. 2725 of 1996, Barrabazar Fire Works Dealers Association and Ors. v. Commissioner of Police. The said writ applications had been disposed of.

( 4 ) PURSUANT to or in furtherance of the directions issued in the aforementioned case the impugned notification was issued ny West Bengal Pollution Control Board in exercise of its power conferred upon it under Air (Prevention and Control of Pollution) Act, 1981 and Envir