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Uttarakhand High Court · body

2011 DIGILAW 121 (UTT)

Major Govind Punvani (Retd. ) v. State of Uttarakhand

2011-02-24

BARIN GHOSH, V.K.BIST

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JUDGMENT Learned counsel for the Municipality submitted that steps are being taken to amend the applicable by-laws and it is hoped and expected, by the end of March, 2011, amended by-laws will come into effect. 2. We, accordingly, adjourn this matter till first week of April, 2011. 3. The State Government does not have equipments to ascertain the impact of sound and, accordingly, is unable to measure whether sound emitted in course of celebrations exceeds the permissible limit of 95 decibel. 4. We, accordingly, direct the Pollution Control Board to acquire appropriate equipments to measure the same and to report to us on the adjourned date that such equipments have been acquired. 5. The State police, in exercise of its power, has fixed speed limit of vehicles, but the State Government does not have any equipment to measure whether a particular vehicle has or has not violated the speed limit. In the circumstances, fixing of speed limit has become meaningless, unless the State police takes appropriate steps to acquire appropriate equipments to measure speed of speeding vehicles. 6. We expect that the State police would report to us on the adjourned date, what steps it has taken in that regard.