1. This contempt petition has been filed by Shri Pramod Narain Mathur, alleging non-compliance and breach of the provisions of the Noise Pollution (Regulation and Control) Rules, 2009 (for short, “Rules of 2009”), which prescribes that the loudspeakers shall not be used at public places between 10.00 p.m to 6.00 a.m, and that the noise beyond the prescribed decibels for maintaining the “ambient air quality standards in respect of the noise” prescribed under the Rules in Silence Zone, residential area, commercial area and industrial area, shall not be permitted. The petitioner has also alleged non-compliance of the directions issued by this Court in D.B Civil Writ Petition (PIL) No. 824/2008 [Pramod Narain Mathur v. State of Rajasthan, decided on 05.09.2011], in which following directions were given for strict compliance:
“Since it is not adversary litigation and rightly issuance of the appropriate directions has not been opposed, the writ petition is disposed of in terms of the following directions:
(1) Loudspeakers not to be used between 10.00 PM to 06.00 AM at the public places such as marriage gardens, communication centers, hotels and roof terrace restaurants etc. In case of violation, the instrument causing noise pollution shall be seized and appropriate action shall be taken against the persons responsible including the persons running such places.
(2) In the silence zone, no use of loudspeakers or blowing of horns shall be permitted.
(3) In the open restaurant and roof-top restaurants, loudspeakers shall not be used without permission.
(4) No marriage garden shall be permitted to run without permission/license as may be necessary.
(5) The respondent-Corporation and the State are directed to ensure that the marriage gardens shall provide adequate space for parking and parking shall not be permitted on the roads. Otherwise their license/permission to run marriage garden etc. shall be cancelled. No marriage garden shall be permitted to operate till appropraite parking places are provided.
(6) The Traffic Police shall also ensure that by taking out procession on roads free flow traffic is not obstructed.
It is directed that whenever violation of the order if brought to the notice of the respondents, they shall take appropriate action expeditiously. In case of noise pollution, immediate action shall be taken. Accordingly, the writ petition is disposed of. No costs.
(BELA M. TRIVEDI), J
(ARUN MISHRA), CJ”
2. It is submitted that the Police Commissionerate of Jaipur, including the Traffic Police, is not carrying out the compliance of the Rules of 2009, and the directions issued by this Court. The loudspeakers are being used between 10.00 p.m to 06.00 a.m in the city and various public places i.e marriage gardens, communication centers and on the streets. The Traffic Police is not maintaining the ambient air quality standards in respect of the noise, in accordance with the notification issued under the Noise Pollution (Regulation and Control) Rules, 2000 in Silence Zone. The marriage gardens are being permitted without permission/license, and that the marriage gardens have not provided sufficient parking space, causing traffic jam in the City.
3. Considering the directions issued by this Court to both the Commissioner of Police as well as the Nagar Nigam, Jaipur, and the importance of the matter, and for compliance of the statutory Rules, we direct the Commissioner of Police, Jaipur to provide to the Court the details with regard to the declaration of the Silence Zones, the enforcement of the Rules of 2000 with regard to maintaining silence in the City between 10.00 p.m to 06.00 a.m, the number of complaints received and the prosecutions initiated against the violations of the Rules of 2000, including the violation of using pressure horns in vehicles and availability of the sound measuring equipments in the City.
4. The Nagar Nigam, represented by the counsel in the Court, will provide the entire details of the licenses given to the marriage gardens in Jaipur, and the availability of the parking space in each of the marriage garden, on the disclosure made by them, and the number of inspections carried out of the parking space, provided by the licensees. The Nagar Nigam will also given details with regard to the breach of the Rules of 2009 by the marriage gardens, and the action taken against the marriage gardens after the inspections. The compliance report will be filed within one month.
5. Let a copy of this order be served in the office of the Advocate General of the State of Rajasthan, in the High Court, at Jaipur, for filing compliance report on behalf of the Commissioner of Police, Jaipur. A copy of this order be also given to the counsel appearing for the Nagar Nigam, Jaipur.
6. In addition to the aforesaid, we find it appropriate to give direction to the Commissioner of Police, Jaipur, that whereever the complaint is made with regard to breach of conditions of license by any person in the marriage garden or organization, with regard to use of loudspeakers, the use of pressure horns, between 10.00 p.m to 06.00 a.m, or for that matter, any violation of the breach of noise pollution Rules by any religious place, the general public will have right in such case, to complaint the Police. The Incharge of the concerned Police Station will immediately take action, on receiving such complaint in the police control room.
7. Let a copy of the contempt petition be given to Ms. Naina Saraf.