The use of electric and air horns by transport vehicles is a violation of R. 114(d) of the Bengal Motor Vehicles Rules, 1940, and the excessive noise pollution caused by these horns has adverse effects on public health.

( 1 ) THIS writ application was moved by the petitioners for protection of their own rights and also in public interest being aggrieved by the nuisance and noise pollution which are being created in the impunity by the transport operators by indiscriminate installation and use of electric and artificially generated air horns which cause unduly rash, shrill, loud and alarming noise. In the writ petition, the petitioners prayed for a writ in the nature of Mandamus commanding the Respondents to enforce the provisions of R. 114 of the Bengal Motor Vehicles Rules, 1940 and to enforce the restrictions against the use of such electric and other loud and shrill horns including air horns by operators of the transport vehicles. The case of the petitioners is that State of West Bengal is a thickly populated area and the density of population is one of the highest in India. It was further alleged that the prevailing noise level in this State particularly in the Calcutta Metropolitan Area is far in excess of the permissible limit and it is no longer in dispute that such excessive noise level poses positive danger to the residents of the respective locality. It also poses serious threat to the health of the residents apart from causing serious inconvenience to the weak, infirm and indisposed people. It was also alleged that even normal people are increasingly finding it difficult to enjoy their so essential in their lives or to carry on their works whatever be their nature. The petitioners" further case is that one most important factor contributing to the noise nuisance, particularly in the case of those who have their residences in the Calcutta Metropolitan Area or any other urban areas, is the blowing of loud and shrill horns by operators of transport vehicles. The said loud and shrill horn either electric horn or air horn mechanically generated and stored in an air tank in most of the transport vehicles. It was further alleged by the petitioners that sudden blowing of such horns by transport vehicles produces a rude shock in the human system and is acknowledged to have serious effects on various aspects of human life including blood pressure, mental and nervous system. It also does not permit effective concentration to be provided because of sudden disruption caused by such loud and shrill horns. The transport operators particularly the goods transport vehicles operate about 18 hours a day with such type of horns.

( 2 ) MR. Saktinath Mukherjee, learned Advocate appearing on behalf of the petitioners in support of the contentions of the petitioners, referred to the provisions of R. 114 of the Bengal Motor Vehicles Rules, 1940. The said Rule is as follows :-"114. Horns.- (a) Every motor vehicle shall be fitted with a horn or other approved device available for immediate use by the driver of the vehicle and capable of giving audible and sufficient warning of the approach or position of the vehicle. (b) No motor vehicle shall be fitted with any multitoned horn giving a succession of different notes or with any other sound producing device giving any unduly harsh, shrill, loud or alarming noise. (c) Nothing contained in sub-rule (b) shall prevent the use on vehicles, used as ambulances or for fire fighting or salvage purposes or on vehicle used by police officers in the course of their duties, or on other similar vehicles, of such sound signals as may be approved by the Registering Authority. (d) Every transport vehicle shall be fitted with a bulb horn. "on the basis of the said Rule it was contended by Mr. Mukherjee that in spite of the provision that every transport vehicle shall be fitted with a bulb horn, the transport operators in gross violation of such Rules are using air horn and electric horn which produces a shrill and loud noise and which is not also necessary for running or operating the vehicles.

( 3 ) IT is a matter of common knowledge that almost all the transport vehicles use air horn and elect