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2019 Supreme(Raj) 2365
IN THE HIGH COURT OF RAJASTHAN
M.N. Bhandari and Banwari Lal Sharma, JJ.
Suo Motu, Jaipur - Appellant
Versus
Chief Secretary, State Of Rajasthan And Others - Respondent
Civil Writs No. 20323 of 2018
Decided On : 08-03-2019
R.N. Mathur, Sr. Adv., Shovit Jhajharia, Anil Upman and Pinkul Jain, Advocates, for the Appellant; Kamlakar Sharma, Sr. Adv., M.S. Singhvi, Advocate General, M. Sheetanshu Sharma, Alankrita Sharma, Asad Ali, Abhinav Sharma and Harsh Sharma for Anil Mehta, A.A.G, for the Respondents
The Government has the power to prohibit the use of land/grounds for organizing exhibitions and meetings in silence zones in order to protect the public from noise pollution and traffic disruption.
Headnote:
RAJASTHAN NOISE CONTROL ACT, 1963 - SECTION 4 - NOISE POLLUTION (REGULATION AND CONTROL) RULES, 2000 - SILENCE ZONE - PUBLIC INTEREST - TRAFFIC DISRUPTION - EXHIBITIONS AND MEETINGS - RESTRICTION - COURT ORDER - GOVERNMENT COMPLIANCE - PUBLIC AWARENESS.
Fact of the Case:
The Rajasthan High Court took suo moto cognizance of the issue of traffic disruption caused by exhibitions and meetings held near the High Court and other government offices in Jaipur. The court passed an order on 05th September 2018, directing the State Government not to permit any meeting/function/rally/mela/sammelan etc. at Amrudon Ka Bagh or any ground nearby Ambedkar Circle, Jaipur during peak office hours. The court further passed an order on 29th September 2018, referring to the Rajasthan Noise Control Act, 1963 (the Act of 1963) and the Noise Pollution (Regulation and Control) Rules, 2000 (the Rules of 2000), and declaring the area in question as a silence zone.
Finding of the Court:
The court appreciated the stand taken by the Government in passing the order dated 08th September 2018 in consonance with the directions of the court and a request to make it absolute. The court directed the Government to comply with the order dated 08th September 2018 in accordance with the Act and Rules. The court further directed the Government to take steps in regard to all the areas, which have been declared to be silence zone so that the order passed for it may have effect in true spirit.
Issues: 1. Whether the Government can prohibit the use of land/grounds for organizing exhibitions and meetings in silence zones? 2. Whether the Government's decision to maintain the order dated 08th September 2018 is in the public interest?
Ratio Decidendi: 1. The court held that the Government has the power to prohibit the use of land/grounds for organizing exhibitions and meetings in silence zones in order to protect the public from noise pollution and traffic disruption. 2. The court held that the Government's decision to maintain the order dated 08th September 2018 is in the public interest as it is necessary to maintain the sanctity of the Act of 1963 and the Rules of 2000, and to prevent inconvenience to the public caused by noise pollution and traffic disruption.
Final Decision: The court disposed of the writ petition with the direction to maintain the order dated 08th September 2018 and to replicate it for other areas, which have been declared silence zone. The court further directed the Government to affix signboards in the areas declared to be silence zone.
JUDGMENT
1. The President and Members of the Rajasthan High Court Bar Association made a request to take cognizance on the situation arose on 05th September, 2018 when they could not reach to the Court in time. It was due to disruption of the traffic during peak hours due to a public meeting at Amrudon Ka Bag, Janpath near the High Court.
2. On 05th September, 2018, the nearby area at Janpath was effected by a jam due to a public meeting at Amrudon ka Bag. The Members of Bar and even the staff could not reach to the High Court apart from the government offices. It even affected the movement of Judges to reach to the Court in time. This Court took cognizance on request of the President, Rajasthan High Court Bar Association and passed a detailed order on 05th September, 2018. Relevant part of the order dated 05th September, 2018 is quoted hereunder for ready reference:
"In view of the facts given above, this Court is taking cognizance of the issue in the interest of the public at large. Taking into consideration inconvenience to the public at large this court directs the State Government not to permit any meeting/function/rally/mela/sammelan etc. at Amrudon Ka Bagh or any ground nearby Ambedkar Circle, Jaipur during peak office hours. In any case, traffic should not be stopped or blocked or even diverted from the main roads connecting Ambedkar Circle or nearby area which is the lifeline to connect major hospitals and also the government offices, which include even the Secretariat and the State Assembly."
3. This Court subsequently passed another order on 29th September, 2018 on the applications filed by those, who were affected by the order dated 05th September, 2018. It was even in reference to the compliance report filed by the State Government of Rajasthan. It was stated that Janpath and many other areas have been declared to be silence zone thus they have to be governed by the Rajasthan Noise Control Act, 1963 (for short "the Act of 1963") and the Noise Pollution (Regulation and Control) Rules, 2000 (for short "the Rules of 2000"). In view of the above, further directions were given by this Court on 29th September, 2018 and relevant part of it is also quoted hereunder for ready reference:
"It is a case where this court took cognizance of the issue on the request of the Bar through President, Rajasthan High Court Bar Association. It was when the traffic got choked for an hour or more due to a meeting in "Amrudon Ka Bagh". The Members of Bar and employees of the court as well as of Government Offices could not reach to the office in time. They could reach to the offices with the delay by one hour or more. It was noticed that "Ambedkar Circle" is surrounded by not only Government Offices but the Rajasthan Legislative Assembly and the High Court. The road also leads to hospitals and on account of blockage of traffic, the Ambulances were stuck. It has happened even in past when the grounds were used for organising meetings or other events which includes an exhibition. In view of the above, the Government was restrained to give permission to organise any meeting/function/rally/mela/sammelan, etc. during peak office hours at "Amrudon Ka Bagh" and in nearby area.
During pendency of the petition, it was noticed that area in question has been declared as silence zone. The Notification was issued by the State Government under the Rules of 2000. By virtue of it, certain restrictions exist which includes regulation of noise level. If any meeting is organised, it is with the use of sound amplifiers. It happens even for other functions which includes even the exhibitions.
Shri Anil Upman, President of the Rajasthan High Court Bar Association has categorically stated that, in past, whenever exhibitions have been organised on the grounds falling under silence zone, not only sound amplifiers were used but it invited heavy flow of traffic and disruption in the area. The Police personnel had to be deployed to regulate the traffic because whenever any
