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2022 Supreme(Online)(NGT) 1138

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
CONSUMER UNITY & TRUST SOCIETY (CUTS) JAIPUR – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates:
For the Petitioner: BHASKAR AGARWAL
For the Respondent:

ORDER

1. Article 21 of the Constitution of India guarantees life and personal liberty to all persons. Right to life enshrined in Article 21 is not of mere survival or existence. It guarantees a right of person to life with human dignity. Therein are included, all the aspects of life which go to make a person’s life meaningful, complete and worth living. The human life has its charm and there is no reason why the life should not be enjoyed along with all permissible pleasures. Anyone who wishes to live in peace, comfort and quiet within his house has a right to prevent the noise as pollutant reaching him. No one can claim a right to create noise even in his own premises which would travel beyond his precincts and cause nuisance to neighbours or others. Any noise which has the effect of materially interfering with the ordinary comforts of life judged by the standard of a reasonable man is nuisance. How and when a nuisance created by noise becomes actionable has to be answered by reference to its degree and the surrounding circumstances including the place and the time. Those who make noise often take shelter behind Article 19(1)a pleading freedom of speech and right to expression. Und

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