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2004 DIGILAW 193 (SC)

NOISE POLLUTION (IV) v. STATE

2004-02-10

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Judgment ( 1 ) THE learned amicus curiae has filed two statements: (i) "issues requiring adjudication" wherein are incorporated suggestions by the learned amicus curiae, views of the Government of India and again suggestions by the learned amicus curiae thereon; and (ii) "suggestions accepted by the government of India but requiring monitoring and effective implementations" wherein are incorporated views of the Government of India and remarks by the learned amicus curiae thereon. ( 2 ) WE have heard the learned amicus and other learned counsel appearing in the matter. The learned amicus curiae has invited our attention to certain newspaper reports wherein the Government of Delhi and especially the officials of the Police Department have been quoted as pointing out their difficulties and to some extent reluctance to implement the directions made by this Court. The press has also reported the noise level having gone up during Diwali festival and air-pollution level also having risen higher but for favourable wind conditions that blew away the pollutants. ( 3 ) THE copies of both the statements filed by the learned amicus curiae have been circulated. The learned counsel appearing for the parties need some time for having instructions and responding to the Court. ( 4 ) WE have invited the attention of the learned amicus, as also the learned counsel appearing for the parties to find out and make suggestions for practical solutions aimed at resolving the issues arising for decision. In particular, we have requested them to identify the sources or points which generate noise pollution and how that can be taken care of avoiding the resistance by violators. ( 5 ) ON behalf of the Chief Controller of Explosives a statement on the affidavit of Shri P. C. Kataria, Joint Chief Controller was filed on 1-4-2003 wherein it is stated that the Department of Explosives was seriously contemplating experimenting with the various firecrackers in order to arrive at an optimal combination of parameters. No further response has been filed so as to bring on record further steps taken by them. ( 6 ) LET the learned amicus, as also the learned counsel appearing for the parties, as also the parties seeking intervention/impleadment, file their detailed submissions in the light of the discussions held today, on or before 16-2-2004 after exchanging copies with other counsel appearing. ( 6 ) LET the learned amicus, as also the learned counsel appearing for the parties, as also the parties seeking intervention/impleadment, file their detailed submissions in the light of the discussions held today, on or before 16-2-2004 after exchanging copies with other counsel appearing. ( 7 ) WE also request the learned amicus curiae and all the parties appearing to go through the various orders, including the interim directions, made by this Court from time to time, and to highlight such orders as need to be incorporated in the final directions to be made. ( 8 ) THE learned counsel appearing for the Central Pollution Control Board assures to bring on record within the same time as above, a copy of the latest noise Pollution Monitoring Report. ( 9 ) LIST for hearing on 17-2-2004.