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2001 Supreme(Mad) 1348
High Court of Judicature at Madras
THE HONOURABLE CHIEF JUSTICE MR. B. SUBHASHAN REDDY & THE HONOURABLE MR. JUSTICE K.P. SIVASUBRAMANIAM
Shobana Ramasubramanyam and Etc - Appellant
Versus
Member Secretary, Chennai Metropolitan Development Authority and Others - Respondents
W.P. Nos. 16477 and 16505 of 2001 and W.M.Ps. Nos. 24495, 24496 and 25753 of 2001
Decided On : 16 November 2001
The public interest in preventing noise pollution prevails over individual interests, and the violation of fundamental rights justifies the use of extraordinary jurisdiction under Article 226 of the Constitution of India.
Headnote:
Sound Pollution - Environmental Protection - Environment (Protection) Act, 1986, Rules for Noise Pollution Level - Article 226 of the Constitution of India
Fact of the Case:
The case involved complaints of sound pollution and vibrations caused by the operation of heavy machinery for digging foundation, leading to health hazards and property damage for the petitioners and residents of the locality.
Finding of the Court:
The court found that the driven pile foundation work was causing noise pollution, vibration, and inconvenience to the people of the locality, and the authorities had not taken effective steps to prevent the sound pollution. The court restrained the respondents from proceeding further with the driven-pile system and allowed completion of remaining piles with safety measures.
Issues: Complaints of sound pollution and vibrations, failure of authorities to prevent sound pollution, and the impact on the fundamental right to a healthy environment.
Ratio Decidendi: The court held that the public interest in preventing noise pollution prevails over individual interests, and the violation of fundamental rights justifies the use of extraordinary jurisdiction under Article 226 of the Constitution of India.
Final Decision: The writ petitions were allowed, and the respondents were restrained from proceeding further with the driven-pile system. The respondents 9 and 10 were directed to pay costs to the Tamil Nadu Pollution Control Board.
B. SUBHASHAN REDDY, C.J.
These two writ petitions have been filed complaining of sound pollution and vibration, because of the operation of the heavy machinery, for digging foundation. Protection is sought for by invoking Article 226 jurisdiction. In W.P. No. 16477 of 2001 there is a single petitioner, and the respondents are Member Secretary, Chennai Metropolitan Development Authority, Member Secretary, Corporation of Chennai, Member Secretary, Tamil Nadu Pollution Control Board, Commissioner of Police, Chennai City, and M/s. Ramaniyam Real Estate Limited. The prayer is for directing respondents 1 to 4 to initiate action against the 5th respondent for causing environmental pollution and health hazards to the petitioner family and other neighbouring residents, and further directing the 5th respondent, its men, agents and servants not to carry on any piling foundation activities on their site No. 74, C.P. Rama-swamy Road, Alwarpet, Chennai.
2. In W.P. No. 16505 of 2001 there are 13 petitioners and the respondents are (1) the State of Tamil Nadu, rep. by the Commissioner and Secretary to Government, Health Department, Chennai, (2) Tamil Nadu Pollution Control Board, (3) Corporation of Chennai, (4) Chennai Metropolitan Development Authority, (5) the Inspector of Police, Abiramapuram Police Station, (6) Mrs. Unnamalai Sampath, (7) Mr. K.S.P.V. Shanmugam, (8) Mr. S. Harshavardhan, respondents 6 to 8 are represented by their General Power of Attorney M/s. Ramaniyam Real Estate Limited, (9) M/s. Ramaniyam Real Estate Limited itself, (10) M/s. G.K. Shetty Brothers, (11) Mrs. Aruna, Proprietrix, Saravana Pile Foundation, and (12) the Alwarpet Benefit Fund Limited, rep. by Commissioner. Mrs. Meera Sridhar was impleaded as the 13th respondent as per the order dated 15-10-2001 passed in W.P.M.P. No. 2908 of 2001, for herself and on behalf of residents of Abiramapuram locality at Alwarpet, Chennai.
3. The petitioners in both the writ petitions and the 13th respondent in W.P. No. 16505 of 2001 have got common grievance of sound pollution and vibrations, and the consequent damage to the lives and properties of themselves, and the residents of Sriram Colony of Abiramapuram, Chennai city.
4. To avoid repetition and confusion, the petitioner in the first Writ Petition viz.W.P. No. 16477 of 2001 is mentioned as 1st petitioner and the petitioners in W.P. No. 16505 of 2001 are referred to as petitioners 2 to 13. The Government is mentioned as 1st respondent, T.N.P.C.B. as 2nd respondent, the Municipal Corporation of Chennai is referred to as 3rd respondent, the C.M.D.A. is mentioned as 4th respondent, the Inspector of Police, Abiramapuram Police Station is mentioned as 5th respondent, the erstwhile owners of the property are mentioned as respondents 6 to 8, M/s. Ramaniyam Real Estate is mentioned as 9th respondent, M/s. G. K. Shetty Brothers 10th respondent, Mrs. Aruna, Proprietrix of Saravana Pile Foundation as 11th respondent, Alwarpet Benefit Fund Limited as 12th respondent and the Commissioner of Police, Chennai City as 13th respondent.
5. Sri Ram Nagar of Abiramapuram is a residential locality. There are more than 75 houses with about 400 residents consisting of infants, children, young and old, both male and female. Amidst the houses, house property bearing Door No. 74, corresponding to new No. 39, admeasuring 1 acre, and having boundaries East by C.P. Ramaswamy Road, west by Sriram Colony, South by Abiramapuram 3rd Street, and North by Bheemana Garden Street, having access from C.P. Ramaswamy Road, is situated. This 1 acre plot is having less width and more length with dimension of 93' 9"on the north; 88' 10" on the south and 499' 11
"on the east and west sides. It is said that the said property originally belonged to respondents 6 to 8 and they had mortgaged the property in favour of 12th respondent but failed to discharge the mortgage. The 12th respondent went into liquidation and the depositors of the 12th respondent moved this Co
