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1997 DIGILAW 268 (ORI)

NAYAN BEHARI DAS v. STATE OF ORISSA

1997-09-25

P.C.NAIK, P.K.MOHANTY

body1997
P. C. NAIK, J. ( 1 ) THE petitioner, a practising advocate of this Court has filed this petition for issuance of an appropriate writ, direction or order commanding the opposite parties 2 and 3 to adopt strict measures for restraining use of multitoned horns and other such devices giving an unduly harsh, shrill, loud or alarming noise, by vehicles, in particular, goods vehicles and passenger buses, as such sound devices are creating immense inconvenience to the public at large. ( 2 ) IT is the case of the petitioner that he has got his office-cum-residence situated near the Link road, a busy area through which private buses and other transport vehicles are plying practically throughout the day and night. On either side of the Link road, near the (sic) square the O. S. R. T. C. bus-stop and the bus-stop for use of the private bus operators are situated. How-ever, many buses are parked on the side of the road over a long period and more often than not, the engines are kept running and there is indiscriminate use of multitoned horns and (other) similar devices creating unduly harsh, shrill, loud or alarming noise. This carries on practically from early morning till well passed midnight. According to the petitioner the constant use of multitoned horns creating unduly harsh, shrill, loud or alarming sounds is making lot of inconvenience to the residents and is leading to sound pollution. Accordingly, he has been compelled to approach this Court for issuance of appropriate direction. ( 3 ) THOUGH notice was issued to all the opposite parties, only opposite parties 2 and 3 i. e. The Commissioner, State Transport Authority and the Regional Transport Authority have chosen to file a counter. These opposite parties, while admitting that the use of multitoned horns and other devices producing unduly harsh, shrill, alarming or loud noice, has been prohibited, state that appropriate action is being taken against those who are committing a breach of this provision. These opposite parties, while admitting that the use of multitoned horns and other devices producing unduly harsh, shrill, alarming or loud noice, has been prohibited, state that appropriate action is being taken against those who are committing a breach of this provision. In the additional counter filed subsequently, these opposite parties have stated that a total of 1451 vehicles checking reports have been drawn up during the period from 15-5-1995 to 9-9-1995 against the vehicles using multitoned horns and similar devices and in many cases these horns were removed, it is further stated that strict steps are being taken, and that, the department shall continue its drive against the use of multitoned horns and other similar devices that are used in breach of the Rules. Rule-119 of the Central Motor Vehicles Rules, reads thus :"119. Horns- (1) Every motor vehicle shall be fitted with an electric horn or other device (conforming to the specifications of the Bureau of Indian Standards) for use by the driver of the vehicle and capable of giving audible and sufficient warning of the approach or position of the vehicle. (2) No motor vehicle shall be fitted with any multitoned horn giving a succession of different notes or with any other sound-producing device giving an unduly harsh, shrill, loud or alarming noise. (3) Nothing contained in sub-rule (2) shall prevent the use in vehicles used as ambulance or for fire fighting or salvage purposes or on vehicles used by police officers or officers of Motor Vehicles Department in the course of their duties, of such sound signals as may be approved by the registering authority in whose jurisdiction such vehicles are kept. "thus, the use of multitoned horns or similar devices giving unduly harsh, shrill, loud and alarming sounds is not permissible but, it is seen that scant regard is being paid to these provisions by the operators of passenger vehicles and goods vehicles in general, and by owners of motor cars and surprisingly even two wheelers, who think it quite fashionable to use peculiar and loud sound producing devices as horns. Surprisingly, in spite of the Rule prohibiting its use, the use of multitoned horns and other similar devices are on the increase, and as such drastic steps are required to be taken by the appropriate authorities for strict enforcement of these provisions. Surprisingly, in spite of the Rule prohibiting its use, the use of multitoned horns and other similar devices are on the increase, and as such drastic steps are required to be taken by the appropriate authorities for strict enforcement of these provisions. No doubt, as stated by the opposite parties 2 and 3, action is being taken against the offenders, but that does not seem to be sufficient, because more and more different varieties of peculiar sound producing devices/horns are coming in vogues. May be this is so, because though there is prohibition for use of these devices/horns, there is no prohibition on its manufacture, so that one can on manufacturing such devices with the impunity. May be the fact that the penalty provided is not stringent, a person is not bothered about the prohibition. If a bar were to be put on the manufacturer under threat of prosecution and if the penalty provided is somewhat heavy, probably, the manufacture and consequently the use of these types of horns may come to an end. But, unless some stringent measures are prescribed, there seems no escape from the production and the consequent use of such multitoned horns and other unduly harsh, shrill, loud or alarming sound producing devices. As, generally multitoned horns and other such devices more or less similar in nature are more in use by the operators of goods vehicles and passenger buses , if prohibiting the use of such horns could be incorporated as a condition of permits, it would, to a great extent, curtail the user thereof. It is, however, clear that the prohibition thereof by the Rules has not deterred many bus operators and transporters from using such sound producing devices. ( 4 ) IT cannot be denied that constant use of such devices producing unduly harsh, shrill, loud or alarming noise is bound to cause disturbance and distraction to the students who are not able to concentrate fully due to irritation caused by such devices. It is also causing adverse effect on infants, sick and elderly persons and is generally causing inconvenience, as persons like the petitioner are not able to concentrate on their work because of constant sound pollution. Thus, it is an addition to the already existing sound pollution and appropriate steps are required to be taken for controlling the same. It is also causing adverse effect on infants, sick and elderly persons and is generally causing inconvenience, as persons like the petitioner are not able to concentrate on their work because of constant sound pollution. Thus, it is an addition to the already existing sound pollution and appropriate steps are required to be taken for controlling the same. But, as the use of such type of horns is not permitted by the rules, the question of issuing any direction prohibiting such use does not arise. However, we consider it to be a fit case in which some directions (are) to be issued. Accordingly, we feel that it would be appropriate, if at regular intervals announcement is made through the medium of All India Radio and Doordarshan and the Press that the use of multitoned horns or such other devices creating unduly harsh, shrill, loud or alarming noise is prohibited. It will be advisable if notices are exhibited at the bus stops, and at the R. T. O. offices regarding the prohibition on the use of multitoned horns and similar devices. The authorities may also consider printing of a warning or affixing of a rubber stamp on all application forms required for fitness certificates, permits and in the registration books, that the use of multitoned horns and other similar devices creating unduly harsh, shrill, loud or alarming sounds is prohibited under the Central Motor Vehicles Rules, 1988. But, all this would not be sufficient unless follow up is taken by the appropriate authorities against those committing the breach. Let a copy of this order be communicated to the Chief Secretary, Orissa, Secretary, Transport and (Carriage) Department, Govt. of Orissa and Commissioner of Transport, for taking appro-priate follow up action in the light of this order. The writ petition is disposed of accordingly. Order accordingly. .