NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Justice Adarsh Kumar Goel, CJ, Justice Sudhir Agarwal, J, Justice M. Sathyanarayan, J, Justice Brijesh Sethi, J, Dr. Nagin Nanda, EM
Balwinder Kaur – Appellant
Versus
State of Punjab – Respondent
Original Application No. 121/2021
| Table of Content |
|---|
| 1. complaint against noise pollution regulations. (Para 1) |
| 2. enforcement of noise pollution directives. (Para 2 , 3) |
| 3. obligation of authorities for compliance. (Para 4) |
ORDER
1. Grievance in this application is against failure of the statutory authorities to regulate noise pollution in Hoshiarpur District in State of Punjab, particularly in village Hamja, Tehsil Dasuya. According to the applicant, respondent nos. 9 to 13 - Management Committee of Gurudwara Chhevi (6th) Patshahi; Management Committee of Guru Nanak Dukh Bhanjan Satsang Ghar; Pastor Amanat Khan Memorial G.N. Church Kotli Khurd; Gurudwara Singh Sabha and Gurudwara Sahib Kala Kullian are using loud speakers at high volume. Inspite of complaint of the applicant to the SDM, Dasuya and to the State PCB, remedial action was not being taken. The applicant has relied upon order of the Punjab and Haryana High Court dated 22.7.2019 in Reet Mohinder Singh vs State of Punjab & Ors. and other connected matters reported in 2019 (5) R.C.R (Civil) 580 and the Noise Pollution (Regulation and Control) Rules , 2000. Further reliance has been placed on judgment of the Hon(cid:146)ble Supreme Court in Ramlila Maidan Incident, in re , (2012) 5 SCC 1 and order of this Tribunal in Gurbachan Singh v. State of Punjab , Original Application No. 39 of 2013.
2. Even though none appears for the applicant, we have considered the grievance. We have also noted the directions in the judgment of the Punjab and Haryana High Court in Reet Mohinder Singh vs State of Punjab & Ors., supra, directing as follows:-
28. Accordingly, the writ petitions are disposed of with the following mandatory directions:-
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 t
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.