ORAL ORDER

(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

1.Heard the applicant, Mr.Amit Panchal, appearing as party-in-person and Ms.Manisha Shah, learned Additional Advocate General appearing for respondent nos.2 and 3.

2.This Court (Hon’ble Mr.Justice A.S.Supehia and Hon’ble Mr.Justice L.S.Pirzada) passed an order on 15.09.2025 detailing the issues regarding the Noise Pollution in the State of Gujarat, which is not addressed as per the directions issued by the Hon’ble Supreme Court in case of Noise Pollution (V) IN RE with Forum, Prevention of Environmental and Sound Pollution versus Union of India and Another reported in (2005) 5 SCC 783.

3.It is very painful to note that even after 20 years from the issuance of the guidelines and the directions by the Hon’ble Supreme Court, we are facing the issue of Noise Pollution in the State of Gujarat. The Division Bench has also considered the decision in the case of Priya Gupta and Another v. Additional Secretary, Ministry of Health and Family Welfare and Others reported in (2013) 11 SCC 404, wherein the Hon’ble Apex Court has categorically observed that no Court or Tribunal or any authority can ignore the law declared by the Supreme Court under Article 141 of the Constitution of India. The Hon’ble Apex Court in the case of Noise Pollution (V), IN RE With Forum, Prevention of Environmental & Sound Pollution (supra), has observed as under:-

“175. 1. The noise level at the boundary of the public place, where loudspeaker or public address system or any other noise source is being used shall not exceed 10 dB(A) above the ambient noise standards for the area or 75 dB(A) whichever is lower.

2. No one shall beat a drum or tom-tom or blow a trumpet or beat or sound any instrument or use any sound amplifier at night (between 10.00 p.m. and 6 a.m.) except in public emergencies.

3. The peripheral noise level of privately owned sound system shall not exceed by more than 5 dB(A) than the ambient air quality standard specified for the area in which it is used, at the boundary of the private place.”

4.The Coordinate Bench has also considered the aforesaid directions issued by the Honourable Apex Court, in Para 6 of the order dated 15.09.2025, and thereafter has passed the following order :

“13. In line with the directions issued by the Supreme Court and this Court, the respondents have already formulated a policy and SOP for effective implementation of controlling the menace of noise pollution emanating from the DJ Trucks and loud speakers vide Notification dated 03.12.2019. Further, circulars dated 21.03.2024, 04.05.2024, and 16.06.2025 issued by the Home Department are also placed on record however, the implementation remains on paper. The competent officer/authority is indiscreetly issuing permissions to allow the use of loudspeakers and DJ Trucks without proper verifying their capacity to generate sound beyond the permissible limits.

14. While examining the present contempt proceedings, we cannot either direct the respondent - State authorities to modify or to add or to supplement or supplant the SOP, however, this Court is concerned with the effective implementations of the directions issued by the Supreme Court. This Court cannot remain a mute spectator to the complete defiance of the directions and watch the vulnerable class of citizens suffer. Before the Division Bench, in writ PIL, the statements of the learned AGPs in the order dated 04.05.2024 promising for strict compliance of the Notification dated 03.12.2019 and steps taken by the Gujarat Pollution Control Board. Before us also, the respondents have filed an affidavit that the orders and directions issued by this Court from time to time are required to be followed and complied with by the authorities. We appreciate the steps taken by the respondent authorities in further publishing the SOP and issuance of the circular dated 16.06.2025. However, the only concern is with regard to its effective implementation of the directio