Noise pollution is a pollutant that affects a person's health and offends Article 21 of the Constitution, and measures should be taken to control it.

A. P. PASAYAT, C. J.

( 1 ) ALL these cases relate to noise pollution in different parts of the State of Orissa caused due to use of high sounding explosive fire works and other blaring sound producing devices and the effect of the resultant pollution in sound. The petitions have been filed in the form of public interest litigation. It is highlighted that the manner in which the sound pollution is being caused and the impact of such sound pollution is on the health of the people, is a cause for great concern. The prayer essentially in each of the writ petitions is for direction to the concerned authorities to prevent the sound pollution, and consequential health hazards.

( 2 ) "pollution" is noun derived from the transitive verb "pollute," which according to the Random House Dictionary of the English Language (College Edition, 1977) means :" (1) to make foul or unclean, dirty : to pollute the air with smoke. (2) to make impure or morally unclean, defile, desecrate to soil, defile. Synonyms 1. Soil, befoul, 2. Taint, examinable, corrupt, debase. "according to Halsbury's Laws of England, Fourth Edition, Vol. 38, 'pollution' means the direct or indirect discharge by man of substances or energy into the aquatic environment resulting in hazard to human health, harm to living resources and aquatic ecosystems, damage to amenities or interference with other legitimate uses of water. "the above definition relates to pollution of water, and has not covered pollution in general. As regards noise pollution it simply connotes unwanted sound in the atmosphere. It is unwanted because it lacks the agreeable amicable quality. Noise is, therefore, sound, but it is pollution when the effects of sound become undesirable. The encyclopedia Britannica has stated :-"in acoustics noise is defined as any undesired sound. According to this definition, a sound of church bells may be music to others. Usually, noise is a mixture of many tones combined in a non-musical manner. "the Encyclopedia Americana further states :-"noise by definition is unwanted sound. What is pleasant to some ears may be extremely unpleasant to other, depending on a number of psychological factors. The sweetest music, if it disturbs a person who is trying to concentrate or to sleep, is noise to him, just as the sound of a pneumatic riveting hammer is noise to nearly everyone. In other words, any sound may be noise if circumstances cause it to be disturbing. "the pollution as evil, thus brings the society to understand that mankind is part of nature. Richard Maybe, in his "handbook on Pollution" observes that the 'root cause of pollution probably lies in the sort of world we have chosen to build for ourselves, and in our thoughtless worship of progress at any cost. This amply illustrates that pollution is plain progress crisis.

( 3 ) IT is seen that the various environmental laws have failed to afford sufficient remedial measures for the individual sufferers, and the criminal liability created thereunder is mostly generalised and is of little avail to the person or persons who become victims of any pollutant. Another vital aspect lacking in the environmental laws is that there is no independent law on noise pollution.

( 4 ) IT is submitted on behalf of the State Pollution Control Board (in short the 'board') that the State of Orissa has legislated an enactment namely. The Orissa Fire Works and Loudspeaker (Regulation) Act, 1958 (in short 'loudspeaker Act') as amended in 1993. This Act has been enacted for the purpose of regulating display of explosive fire works and use of loudspeaker from the date of the enactment. The Act has been made applicable to the Municipalities and the Notified Areas under the Orissa Municipal Act, 1950 (in short 'municipal Act' ). Section 3 of the said Act prescribes the restricted zones and time period for use of loudspeaker and display of explosive fire works within the permissible time and also provides that permission for the same has to be obtained