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2024 Supreme(P&H) 1186

IN THE HIGH COURT OF PUNJAB AND HARYANA
SHEEL NAGU, CJ., ANIL KSHETARPAL, J.
Abhilaksh Sachdev - Appellant
Versus
State of Haryana – Respondent
CWP No. 6280 of 2024
Decided On : 04-11-2024

Advocates Appeared:
For the Parties : Mr. Abhinav Sood Adv., Mr. Nitesh Jhajhria Adv., Ms. Mehndi Singhal Adv., Mr. Rohit Mittal Adv., Mr. Nitin Chaudhary Adv., Mr. Saurav Bhatia Adv., Mr. Kuljinder Singh Billing Adv., Mr. Sylvester Stephen Adv., Mr. Deepak Balyan AAG, Haryana, Mr. Salil Sabhlok Sr. DAG, Punjab, Ms. Harpriya Khaneka Adv., Mr. M.S. Virk Adv., Mr. Mikhail Kad Adv., Mr. Ashdeep Singh Adv., Mr. J.S. Wasu Adv., Mr. Himanshu Arora Adv.

Noise pollution is a cognizable offence, and authorities must ensure compliance with noise control regulations, allowing citizens to lodge FIRs for violations.

Headnote:(A) The Air (Prevention and Control of Pollution) Act, 1981 - Noise Pollution (Regulation and Control) Rules, 2000 - Guidelines for noise control issued by the court - The court addressed noise pollution complaints against a respondent, emphasizing adherence to prescribed noise levels and accountability of authorities. (Paras 2, 3, 5, 6, 9)

(B) Public Interest Litigation - The court recognized the widening scope of the petition to address ongoing noise pollution issues, allowing the petitioner to lodge FIRs for violations. (Paras 3, 6)

(C) Police Responsibility - The court mandated police to register FIRs for cognizable offences related to noise pollution, emphasizing the mandatory nature of registration under Section 154 Cr.P.C. (Paras 6, 10)

Facts of the case:
The petitioners complained about noise pollution caused by a respondent in Ambala Cantt, leading to the court's directives for compliance with noise control guidelines.

Findings of Court:
The court directed authorities to ensure compliance with noise regulations and allowed the petitioner to approach police for violations.

Issues: The main issues included the ongoing nature of noise pollution complaints and the responsibilities of authorities in enforcing noise regulations.

Ratio Decidendi: The court held that noise pollution is a continuous issue requiring vigilant enforcement by authorities, and FIRs must be registered for cognizable offences.

Result: Both writ petitions stand disposed of.

JUDGMENT :

(Sheel Nagu, CJ.) :

Short reply filed on behalf of Punjab Pollution Control Board in CWP-7741-2024 is taken on record.

2. These petitions are disposed of by common order.

3. This petition has been filed essentially complaining of noise pollution caused by respondent No.7, which is situated in Ambala Cantt. 2. During pendency of this petition, the Haryana State Pollution Control Board (hereinafter referred to as ‘the Board’) as well as State of Haryana have filed their respective affidavits inter alia stating that respondent No.7 had been summoned by the authorities and on appearing, the respondent No.7 assured of maintaining the noise levels, which are prescribed by guidelines laid down in order passed by a Co-ordinate Bench of this Court on 22.07.2019 in various CWPs including CWP-6213-2016 (Annexure P.12). For ready reference and convenience, relevant guidelines contained in paragraph 28 of the aforesaid order are reproduced below:

    “i) The States of Punjab, Haryana and Union Territory, Chandigarh are directed to ensure that no loudspeaker or public address system shall be used by any person including religious bodies in Temples, Mosques and Gurudwaras without written permission of the authority even during day time, that too, by getting an undertaking that the noise level shall not exceed more than 10dB(A) peripheral noise level.

    ii) The States of Punjab, Haryana and Union Territory, Chandigarh are directed to ensure that the loudspeaker, public address system, musical instrument and sound amplifier are not played during night time except in auditoria, conference rooms, community halls, banquet halls as per norms laid down under the Noise Pollution (Regulation and Control) Rules, 2000.

    iii) The States of Punjab, Haryana and Union Territory, Chandigarh are directed to ensure that loud speakers or public address systems are not used between 10.00 p.m. to 6.00 a.m., except between 10.00 p.m. to 12.00 midnight during any cultural or religious festive occasion of a limited duration not exceeding 15 days in all during a calendar year, that too, the noise level shall not exceed 10dB(A) above the ambient noise standards for the area. The peripheral noise level of a privately owned sound system or a sound producing instrument shall not, at the boundary of the private place, exceed by more than 5dB (A). The authority concerned shall keep on visiting and monitoring at the public places, private places, auditoriums, conference rooms, community halls, banquet halls, temples, mosques and Gurudwaras to ensure due compliance of the Rules.

    iv) We direct all the Senior Superintendents of Police/ Superintendents of Police in the States of Punjab, Haryana and Union Territory, Chandigarh to ensure that no horn shall be blown in silence zone or during the night time between 10.00 p.m. to 06.00 a.m. in residential areas except during public emergency. No sound emitting construction equipments shall be used or operated during the night time between 10.00 p.m. to 06.00 a.m. in residential areas or silence zone. m. The pressure horns are banned throughout the States of Punjab, Haryana and Union Territory, Chandigarh. The violators of the Rules be penalized under the Rule 6 of the Noise Pollution (Regulation and Control) Rules, 2000.

    v) All the Senior Superintendents of Police/ Superintendents of Police and Deputy Superintendent of Police in the States of Punjab, Haryana and Union Territory, Chandigarh are directed to ensure that motorcycles throughout the States of Punjab, Haryana and Union Territory, Chandigarh are duly fitted with silencers to avoid noise pollution and menace.

    vi) No person, throughout the States of Punjab, Hayana and Union Territory, Chandigarh, shall carry any fire-arm to a fair, religious procession/ marriage procession or other public assemblage or within the campus or precincts of any educational institution.

    vii) The Licensing Authorities are also directed to ensure that no licence is issued to any person, who has not

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