PIL No.85 of 2013 BEFORE HONBLE THE CHIEF JUSTICE MR. AJIT SINGH HONBLE MR. JUSTICE MANOJIT BHUYAN 28.04.2017 (Ajit Singh, C.J.) Ms. S Bhuyan, learned counsel for the petitioner. Mr. D Saikia, learned Senior Additional Advocate General, Assam, assisted by Mr. P Nayak, learned counsel for Respondents. In the present Public Interest Litigation, the primary focus is on the problem of noise pollution in the Guwahati City and the failure of the State to categorize the City into Industrial, Commercial, residential and silence zones, as is mandated under Rule 3(2) of the Noise Pollution (Regulation and Control) Rules, 2000. The petitioner also seeks special protection for the areas near the hospitals, educational institutions and courts, by declaring these areas as silence zone. In response to the notice of Public Interest Litigation, the Deputy Commissioner, Kamrup (Metro) held a meeting on 24.4.2017. In the meeting, following decisions have been taken :-
1. That the District Administration will notify the Silence Zone in and around not less than 100 metres radius of all Educational Institutions/all Hospitals (both Govt. and Private)/ all Honble Courts area/all religious places/ all important installations and all important offices.
2. That GMDA and G.M.C will take necessary steps to include Industrial, Residential as well as Commercial area while preparing the Master Plan of greater Guwahati City area.
3. That PWD (Building) will install all necessary SIGNAGES and the Deputy Commissioner of Police (Admin) the Deputy Commissioner of Police (Traffic) and District Transport Officer (Enforcement) will strictly enforce the same.
4. The Deputy Commissioner Kamrup (Metro) has requested the Commissioner, G.M.C to impose restriction while issuing NOC for construction purpose that the builders/promoters shall not use or operate sound emitting construction equipments during night time starting from 10 P.M. to 6 A.M. Moreover, while issuing the Trade Licences or renewal of Trade Licences GMC is requested to ensure that no Loud Speaker/Public Address System/ Microphones/ Crackers are not used by the host/guests and invitees of the fuction at Bibah Bhawan from 10 PM to 6 AM.
5. The Deputy Commissioner Kamrup (Metro) has requested the Commissioner of Police to impose restrictions while issuing permission for various functions and ensure that no loud speaker/public address system/microphones/crackers etc are used after 10 PM and follow the Guidelines issued by the Honble Supreme Court of India.
6. The meeting instructed the Pollution Board to collect, compile and publish technical and statistical data relating to noise pollution and measures devised for its effective prevention, control and abatement under the Section 4(3) of the Noise Pollution (Regulations and Control) Rules, 2000.
7. The Deputy Commissioner Kamrup (Metro) has directed the D.T.O (Enforcement) to take steps to remove all Air Horns/Pressure Horns/Musical Horns and such other high decibel horns and submit a detail report in this regard. And in compliance of the directions received from the Government of Assam, District Magistrate, Kamrup (Metro) on the same day, has issued the following order: In compliance of the direction received from the Government of Assam in exercise of the power conferred to the State Government vide Rule 3(2) of the Noise Pollution (Regulations and Control) Rules, 2000, of the Environment (Protection) Act, 1986, I Dr. M. Angamuthu, IAS, District Magistrate Kamrup Metropolitan District, Guwahati, hereby declare up to 100 meter vicinity of the following areas as SILENT ZONE within Kamrup Metropolitan District, Guwahati:-
1) All Government and Private Hospitals inclusive GMCH/ MMCH.
2) All Government and Private educational Institutions.
3) All prominent Religious places inclusive of Temples, Gurudwaras/ Mosques/ Churches, Monestry, Math, Namghar etc.
4) The Honble Gauhati High Court/ District and Sessions Judge Court and Chief Judicial Magistrate Court.
5) All Government Offices within the periphery of the Kamrup Metropolitan District, Guwahati
6) The Member Secretary Pollution Control Board will collect, compile and publish technical and statistical data relating to noise pollution and measures devised for its effective prevention, control and abatement under Section 4(3) of the Noise Pollution (Regulations and Control) Rules 2000 and submit report on monthly basis.
7) The Superintending Engineer PWD (Roads) to take necessary steps to install proper SIGNAGES in the respective areas within 15(fifteen) days and report compliance. In view of the aforesaid decisions and order, we are of the view that purpose of Public Interest Litigation has been served. We expect and hope that the decisions and order will be implemented by the authorities in letter and spirit. The petition stands finally disposed of. JUDGE CHIEF JUSTICE