Compliance with Supreme Court directives under Articles 141 and 142 is mandatory, and the failure to enforce noise pollution regulations warrants initiation of contempt proceedings, regardless of the specificity of the directives.

ORDER :

1. When the matter is taken up today, the learned Senior Advocate Ms.Manisha Lavkumar Shah appearing with learned A.G.P. Mr.Chintan Dave for the respondent no.3 has pointed out the affidavit-in-rejoinder dated 11.09.2025 filed by the respondent No.3 - Gujarat Pollution Control Board, wherein a specific statement is made in paragraph No.3 that the orders and directions issued by this Court from time to time are required to be followed and complied with by the authorities and the deponent has always complied with all the directions. An issue with regard to the maintainability and entertainability of the present contempt proceedings is also raised. Learned Additional Advocate General has further pointed out that the Home Department has issued a resolution dated 04.05.2024 and a further circular dated 16.06.2025 is also issued regulating the noise from DJ Trucks / Loud Speakers in view of the orders passed in the PIL pending before the First Court. Thus, she has submitted that the present Standard Operating Procedure (SOP) will take care of the concerns expressed by the present petitioner, and the contempt application may not be entertained.

2. In response to the aforesaid submissions, learned advocate Mr.Amit Panchal, while addressing the maintainability and entertainability of the present contempt petition, has pointed out the directions issued by the Supreme Court in the case of Noise Pollution (V), IN RE With Forum, Prevention of Environmental & Sound Pollution vs. Union of India & Anr., (2005) 5 SCC 733 , more particularly, paragraph Nos.175 to 178 and has submitted that in fact, the Supreme Court has way back in the year 2005 has directed the States to implement the Noise Pollution (Regulation and Control) Rules, 2000. It is submitted that such directions are issued by the Supreme Court under Articles 141 and 142 of the Constitution of India. While referring to the directions, learned advocate Mr.Panchal has placed reliance on the judgment of the Supreme Court in the case of Priya Gupta & Anr. vs. Additional Secretary, Ministry of Health and Family Welfare and Ors., (2013) 11 SCC 404 and has submitted that the Supreme Court has categorically observed that no Court or Tribunal or any authority can ignore the law declared by the Supreme Court in terms of Article 141 of the Constitution of India. It is submitted that the Supreme Court has also dealt with the contemptuous conduct of violating the directions issued by the Supreme Court.

3. Learned advocate Mr.Panchal has also referred to the Notification dated 03.12.2019 issued by the State Government, regulating the sound systems by installing a sound limiter. Further, reference is made to the directions issued by the Division Bench headed by the Hon’ble the Chief Justice, vide order dated 04.03.2024 passed in Writ Petition (PIL) No.101 of 2022. It is submitted that the Standard Operating Procedure does not effectively deal with the directions issued by the Supreme Court and this Court and the respondent authorities have not yet purged the contempt by effectively implementing their own Notification as well as the policy regulating the noise pollution. He has also referred to the news articles pointing out the blatant violations of the directions issued by the Supreme Court and also the Notification dated 03.12.2019 and the subsequent Government Resolutions. It is thus, submitted that the statutory mandate of the rules as well as the directions are violated.

4. In the present contempt petition, the respo