PANKAJ KUMAR JAISWAL,IRSHAD ALI,J. - (1.) Heard Sri Jay Prakash Singh 'Vats', learned Counsel for the petitioners and Sri Manish Mishra, learned Standing Counsel for all respondents.
(2.) A Co-ordinate Bench of this Court vide judgment and order dated 20.8.2019 passed in Writ-C No. 1216 of 2019, Sushil Chandra Srivastava and another v. State of U.P. and others, while deciding the writ petition issued certain directions. Relevant portion of the order dated 20.8.2019 reads as under:- "In view of the law laid down by the Supreme Court in above case, we deem it our duty to enforce the law laid down by the Supreme court in the case of Noise pollution and other directions issued by the Court from time to time.
(3.) In the ultimate analysis we are of the firm view that the law relating to Noise pollution need to be strictly complied with in larger public interest. Accordingly in addition to directions issued by the Supreme Court in NOISE POLLUTION (V), IN RE (supra), we issue the following directions: (i) The District Magistrate shall give adequate publicity in leading newspapers regarding this direction and Rules, 2000. He shall notify the name of the authority under the Rules, 2000 and his contact number. Detailed notice shall be put up in the offices of Divisional Commissioners, District Magistrates, District Court Premises, Police Stations, Municipal Corporation Offices, Development Authorities Offices and prominent places of the city. (ii) A toll free number shall be provided to the citizens to make the complaints. If a loudspeaker, public address system, DJ, a Musical Instrument, a sound amplifier or any sound producing instrument is used beyond the permissible limit of sound, a person can make a complaint on telephone number 100 to police or toll free number provided by the authorities. The concerned Police of the area will immediately visit the spot and shall measure the noise level by the equipment (Noise meter application) supplied to it. If it is found that there is violation of Rules, 2000 it will stop the nuisance forthwith and shall inform the appropriate authority regarding complaint and action taken by it. The authority shall take action against offender in terms of Rule 7 of Rules, 2000. The name and identity of the complainant shall not be disclosed to the wrong doer or to any person. Under Rule 7 of Rules,2000 an oral complaint can be made. The facility shall also be made available to send the complaints by SMS, e-mail and WhatsApp. Anonymous complaint shall also be entertained. All the complaints received by the Police under Rule 7 of Rules, 2000 shall be maintained in a register and a copy thereof shall be forwarded to the competent authority. The action taken shall be recorded by the Police in the register. (iii) Under the Rules, 2000, no permission for DJ shall be granted by the authority for the reason that noise generated by DJ is unpleasant and obnoxious level. Even if they are operated at the minimum level of the sound it is beyond permissible limits under the Schedule of the Rules, 2000. A DJ is made up of several amplifiers and joint sound emitted by them is more than thousand dB (A). They are serious threat to human health particularly children, senior citizens and patients admitted in the hospitals. (iv) The team constituted by the District Magistrate shall make regular visit of their area particularly before commencement of any festival and apprise the organizers regarding compliance of the Rules, 2000 and the directions of Supreme Court and this Court. (v) All places of the worship of all religion shall be bound by the provisions of the Rules, 2000 and directions issued by the Supreme Court and this Court. Any breach of the Rules, 2000 shall be treated to be violation of fundamental right of a citizen. (vi) The District Magistrate/ Senior Superintendent of Police shall convene a meeting before commencement of festivals like Dussehera/ Durga Puja, Holi, Shab-e-barat, Muharram, Easter and Christmas festival with organizers and representatives of civil society, to impress upon them to observe the law strictly and in the event of failure the legal consequences that may follow. (vii) Whoever fails to comply with or contravenes any of the provisions of Noise Pollution Rules shall be liable for a penalty in terms of section 15 of the Environment (Protection) Act, 1986. Non-compliance of the rules attracts the imprisonment for a term which may extend to five years and fine which may extend to Rs.1,00,000/-. It is the duty of the authorities of the State to ensure that the offences under Section 15 of the Environment Protection Act are duly registered. (viii) The State Government is directed to categorize the areas in all the cities of State into industrial, commercial, residential or silence areas/zones for the purpose of implementation of the noise standard in terms of Rule 3 (2) of Rules, 2000. A fresh exercise be conducted in the light of definition provided under Rule 2 (e) and (f) of Rules, 2000. We find that in Prayagraj the zones have been made in breach of the above mentioned Rules. (ix) The competent authority under the Rules, 2000 and the SHO/ Inspector of concerned Police Station are charged personally with the duty of ensuring compliance of the order of the Supreme Court, extracted above, the Rules, 2000 and this order, failing which they shall be answerable to this Court in contempt jurisdiction. We grant liberty to any aggrieved person to approach this court for appropriate order for compliance of the above order/directions. ;