This petition has been filed in the public interest.
The petitioner has prayed for the grant of the following amongst other reliefs:-
1. That the State Government may kindly be directed to categorize the State of H.P in industrial, commercial, residential or silence areas/zones for the purpose of implementation of noise standards for different areas;
2. That the respondents may kindly be ordered to implement Notifications No. DDN(S&T)-A(3)1/2000, the Environment (Protection) Act, 1986 and the Noise Pollution (Regulation and Control) Rules, 2000, Notification dated 1st May, 2001 vide No. EDN (S &T) A (3)1/2000 and Noise Pollution (Regulation and Control) (Amendment) Rules, 2010 in their letter and spirit;
3. That the respondent may kindly be directed to impart general awareness towards the hazardous effects of noise pollution to the public at large. At this stage, we are only considering the application for grant of interim relief wherein the applicant has prayed that the State should take immediate steps to address the concerns relating to noise pollution in the State of H.P At the outset, we may mention that this is not the first litigation of this type to come to this Court. Various other petitions have been filed and directions issued from time to time.
In exercise of the powers vested in it under Sections 3, 6 and 25 of the Environment (Protection) Act, 1986 read with Rule 5 of the Environment (Protection) Rules, 1986 the Central Government has notified the Noise Pollution (Regulation and Control) Rules, 2000. These Rules lay down the standards in respect of noise for different areas. They also lay down restrictions on the use of loudspeakers, public address system, etc. The State of H.P in exercise of the powers vested in it under Rules 2(3), 3(2) and 3(4) of the aforesaid rules has prescribed the following 10 authorities who have been held responsible for ensuring that the ambient air quality is maintained and they have been charged with the responsibility of ensuring compliance with the rules. These authorities are:
1. All District Magistrates within their jurisdiction.
2. All Additional District Magistrate within their jurisdiction.
3. All Sub Divisional Magistrates within their jurisdiction.
4. All Executive Magistrates within their jurisdiction.
5. Member Secretary, H.P SEP and PCB within his jurisdiction.
6. Special/Additional/Joint/Deputy/Under Secretary (S&T) to the Govt. of H.P throughout the State.
7. All SPs within their jurisdiction.
8. All Addl. S.Ps within their jurisdiction.
9. All DSPs within their jurisdiction.
10. All Environmental Engineers/Assistant Environmental Engineers of HP SEP and PCB within their jurisdiction.
It has also come on record that the State Government issued notification on 31 October, 2003 in exercise of the powers vested in it under Section 5 of the Environment (Protection) Rules, 1986 and has laid down various standards for use of instrumental sounds and noise making devices. This Court has repeatedly held that once the Government has laid down the standards both for ambient air quality as well as the maximum decibel limits to which instruments and noise making devices can be played, it is the duty of the State to ensure that such notification is complied with in letter and spirit. There is no use of issuing notifications and laying down standards if on the ground these standards are not maintained and the officials charged with the responsibility of ensuring the maintenance of such standards totally abdicate their duties and functions. We, therefore, reiterate the directions, which were given in CWP No. 501 of 2005, which read as follows:
(1) We hold all the aforesaid ten Authorities responsible to fully and absolutely comply with and strictly implement all the directions contained in notification dated 31 October, 2003. We specially hold apart from other Authorities, all the District Magistrates and Superintendents of Police of all Districts in Himachal Pradesh to jointly ensure that the aforesaid notification is compiled with and implemented in letter and spirit.
We further specifically direct that all the Station House Officers of all the Police Stations in every part of Himachal Pradesh shall be directed by their respective District Superintendents of police to ensure that within the respective areas of their police Stations, the SHOs shall be fully held-responsible and accountable for complying with and implementing the directions in the aforesaid Notification. If ever it is brought to the notice of this Court or to the notice of any other Authority that in any area the aforesaid Notification has been violated in any manner, the first and primary responsibility shall rest with the SHO of the concerned police Station, who apart from being dealt with for such violation under law, may also be held liable for action for committing contempt of this Court.
(2) All the Authorities including the District Magistrates and District Superintendents of Police, and all the SHOs of the Police Stations shall ensure that while complying with an implementing the directions contained in Notification dated 31 October, 2003, they shall have due regard to the provisions of the Environment (Protection) Act, 1986, especially Sections 10 and 15 thereof and other related provisions of the said Act as well as the Noise Pollution (Regulation and Control) Rules, 2000.
The purpose undoubtedly is and would always be to ensure the prevention of noise pollution as also to ensure that the persons found violating the provisions of the Act, Rules or the directions contained in the Notification are dealt with in accordance with law.
(3) We order that the Chief Secretary, Government of Himachal Pradesh and the Director General of Police, H.P shall issue their respective circulars within one week from today to all the District Magistrates and the Superintendents of Police of all the Districts in the State, enclosing therewith the copies of this order as well as the copies of the aforesaid two notifications.
The District Magistrates and the Superintendents of Police of all the Districts are hereby directed by us to file their individual, separate compliance reports in this Court before the next date informing this Court, inter-alia, that they have received the circular from the Chief Secretary and the Director General of Police, (as the case may be), along with copies of the present order and copies of the aforesaid two notifications and that they have taken note thereof. The District Magistrates and the Superintends of police shall also inform us that they have issued necessary directions to the SHOs concerned, as per this order, for due compliance and total implementation of the aforesaid two Notifications and the directions contained in this Order.
The matter does not end here. Even though this order was passed on June 3, 2005, it was brought to the notice of this Court on 30th November, 2006 that many religious functions and social functions, such as, ‘Jagrattas’ are being organized wherein music is played at the highest pitch through loudspeakers especially during Navratra festivals. This is in total violation of the law. No doubt, every citizen of this country has the right to profess and practice the religion of his choice but this does not give him the right to preach his religion in such a fashion that he disturbs the peace and tranquility of other citizen who have an right to live in a quite and peaceful environment. We are a secular republic and every religion has its place in our democratic society. Atheists have as much right to live in this country as those who profess religion. We, therefore, further direct that the aforesaid 10 authorities shall ensure that during the coming Navratra festivals no Jagrattas are held in violation of the noise pollution rules. We may make it clear that the Jagrattas can be held but there should be no noise pollution.
On going through the material on record we also find that the authorities charged with maintaining the noise standards are not carrying out their duty. There are hardly 3-4 challans under the Noise Pollution Act. The authorities may be deaf but we certainly are not. Even in Court we hear pressure horns and loud music being played day in and day out. This Court can take judicial notice of the fact and we have personally experienced that there is wide spread violation of the noise pollution norms. We cannot be oblivious to the factual situation that loudspeakers are blaring music on social and religious events at odd hours. In fact, during the last month itself when children were studying for their examination(s) there were various instances when such functions were being organized and music being played at the loudest volume at odd hours. It is obvious that something is not right in our system. It is also obvious that the officers who have been charged with the duty of maintaining such standards are not doing their duty. There can be no dispute with the point urged on behalf of the petitioner that noise pollution has grave and serious consequences. It has great ill effects on the health of the populace of the State. From the material on record, it is apparent that there are hardly any cases where permission is sought before organizing such events and we have also come to know that permission are being granted without laying down any conditions. Two conditions are necessary. The first condition is that under no circumstance loudspeakers/microphones be permitted within a radius of 100 meters aerial distance from any school, college, govt. office or hospital and even if such permission is granted this permission is not violated during working hours. Hospitals work for 24 hours and therefore, within 100 meters aerial distance of a hospital no loudspeaker or microphone can be permitted at any time.
We had in our earlier order dated 1 January, 2007 in CWP No. 501 of 2005 given detailed directions as to how the NGOs and other public spirited organizations should be associated with the task of dissemination of knowledge to all concerned about the noise pollution rules. These directions were mainly in respect of Shimla and we, therefore, direct the Deputy Commissioner, Shimla to file an affidavit as to what was done in compliance to the direction dated 1 January, 2007 issued in CWP No. 501 of 2005.
In view of the past orders passed by this Court and what we have held here-in-above we direct all the authorities nominated by the State Government to ensure that they perform this duty in letter and spirit. For compliance of this order we hold responsible all the District Magistrates and Superintendent of Police of the 12 districts of the State. They shall file their affidavits on or before the next date, in which they shall answer the following queries:
1. How many persons were challaned under the Noise Pollution Rules in the last four years?
2. What steps were taken for dissemination of knowledge in the last four years since our order dated January 9, 2007?
3. The District Magistrate and Superintendent of Police shall also give us a report of all the social and religious events including marriages, Jagratts, etc. held in their respective districts and they shall report to us whether at any such functions loudspeakers were used at night. Even if permission is granted to hold such events the District Magistrate and Superintendent of Police shall ensure that no music through loudspeakers is played after 10 p.m and before 6 a.m under any circumstances.
4. While granting permission a copy of this order shall also be supplied to the persons to whom such permission is granted. We may make it clear that if any person violates the condition he shall not only be liable for action under the noise pollution rules but shall also be liable under the Contempt of Courts Act. Similarly, we would like to emphasize that this direction is not confined to Jagratts but to all social and religious functions. We would also like to make it clear that in case this Court finds that violations have taken place and the Superintendent of Police and District Magistrates have not taken any action, we shall not hesitate to initiate contempt proceedings against the concerned officials also.
5. When any such social or religious event is held where large number of people have to gather and Langar and Prasad is to be distributed, while granting permission the District Magistrate and Superintendent of Police shall also lay down a condition that the persons/organizations organizing such functions shall ensure that after the function is over the whole place is cleaned up and no debris or waste is left at the spot. No plastic plates or cups shall be permitted to be used at such functions.
PRESSURE HORN.
Rule 119 of the Central Motor Vehicles Rules deals with horns to be fixed on motor vehicles. The proviso to Rule 1 lays down that all horns fixed after 1 January, 2003 shall comply with the specifications laid down by the Bureau of Indian Standards. Sub Rule 2 of Rule 119 reads as follows:-
“No motor vehicle including agricultural tractor shall be fitted with any multi toned horn giving a succession of different notes or with any other sound producing device giving an unduly harsh, shrill, loud or alarming noise.”
Sub Rule 3 provides the use of multi tone horns only in ambulances, fire fighting vehicles or vehicles involved in salvage purposes or vehicles used by police officials or operators of construction equipment or officers of the Motor Vehicle Department in the course of their duties. This Court has repeatedly issued directions that the State should ensure that pressure horns are not used but these directions are violated more often then obeyed. We hold the Superintendents of Police and the Motor Vehicles Inspectors in their respective jurisdictions responsible to ensure compliance with Rule 119. They shall ensure that no vehicle uses a pressure horn. At the entrance to the State of Himachal Pradesh the police or the Motor Vehicle Department should affix large hoardings clearly indicating that such pressure horns are totally banned and not permitted in the State of H.P The respective authorites shall also ensure that a copy of this portion of this order is issued to the Registered Dealers of Motor Spare Parts. They will be informed that since Pressure Horns are not permitted to be used they cannot sell the same except for the vehicles specifically referred to above. Any person who violates the law by selling such pressure horns to any other person shall also be held responsible and may be liable for contempt of our orders. In case a pressure horn is used it is violation of the motor vehicles rules and in addition to challaning the license of the driver should also be punched immediately. The horn should be detached and confiscated at once. If any person is found using a pressure horn more than once then the police can approach us and we shall take appropriate action against such person. We have been informed that the practice being followed is that some horns have a switch; at one position the horn works like an ordinary horn and when the switch is turned to the other direction it works like a pressure horn. We are sure that the police officials and officials of the Motor Vehicle Department are well aware of this fact. If they are not it shows lack of diligence towards their duty. We hold the Superintendent of Police and Motor Vehicles Inspector responsible for ensuring that pressure horns are not used within the State of Himachal Pradesh. All the Superintendent of Police and the Motor Vehicles Inspector shall on or before the next date file an affidavit before us stating as to what action they have taken for ensuring the reduction of pressure horns in compliance to our orders.
List on 13 May, 2011.
Dasti copy.