Research › Search › Judgment

Tripura High Court · body

2016 DIGILAW 141 (TRI)

Court on its own motion v. State of Tripura

2016-07-15

S.TALAPATRA

body2016
JUDGMENT : S. Talapatra, J. Noise is a type of atmospheric pollution. It is a shadowy public enemy whose growing menace has increased in the modern age of industrialization and technological advancement. Although a soft rhythmic sound in the form of music and dance stimulates brain activities, removes boredom and fatigue, but its excessiveness may prove detrimental to living things. Researches have proved that a loud noise during peak marketing hours creates tiredness, irritation and impairs brain activities so as to reduce thinking and working abilities. Noise pollution was previously confined to a few special areas like factory or mill, but today it engulfs every nook and corner of the globe, reaching its peak in urban areas. Industries, automobiles, rail engines, aeroplanes, radios, loudspeakers, tape recorders, lottery ticket sellers, hawkers, pop singers, etc., are the main ear contaminators of the city area and its market place. The regular rattling of engines and intermittent blowing of horns emanating from the caravan of automobiles do not allow us to have any respite from irritant noise even in suburban zones. [As paraphrased from “NoisePollutionEnvironmentand Law”, Ranbir Singh, Indian Bar Review Vol.23 (3 and 4) 1996, Page 86.] In Noise Pollution (V), In Re,reported in (2005) 5 SCC 733 , speaking for the Bench, Justice Mr. R.C. Lahoti, C.J has observed that that the right to life enshrined in Article 21 is not of mere survival or existence. It guarantees a right of persons to life with human dignity. Therein are included, all the aspects of life which go to make a person's life meaningful, complete and worth living. The human life has its charm and there is no reason why the life should not be enjoyed along with all permissible pleasures. Anyone who wishes to live in peace, comfort and quiet within his house has a right to prevent the noise as pollutant reaching him. No one can claim a right to create noise even in his own premises which would travel beyond his precincts and cause nuisance to neighbours or others. Any noise which has the effect of materially interfering with the ordinary comforts of life judged by the standard of a reasonable man is nuisance. Noise is more than just a nuisance. It constitutes a real and present danger to people's health. Day and night, at home, at work, and at play, noise can produce serious physical and psychological stress. Any noise which has the effect of materially interfering with the ordinary comforts of life judged by the standard of a reasonable man is nuisance. Noise is more than just a nuisance. It constitutes a real and present danger to people's health. Day and night, at home, at work, and at play, noise can produce serious physical and psychological stress. No one is immune to this stress; though we seem to adjust to noise by ignoring it, the ear, in fact, never closes and the body still respondssometimes with extreme tension, as to a strange sound in the night. It is a shadowy public enemy whose growing menace has increased in the modern age of industrialization and technological advancement. Noise has both auditory and nonauditory effects depending upon the intensity and the duration of the noise level. It affects sleep, hearing, communication, mental and physical health. It may even lead to the madness of people. Noise can disturb our work, rest, sleep, and communication. It can damage our hearing and evoke other psychological, and possibly pathological reactions. However, because of complexity, variability and the interaction of noise with other environmental factors, the adverse health effects of noise do not lend themselves to a straightforward analysis. It has been further observed that: “The relevant Indian status and the rules framed thereunder are not comprehensive enough so as to deal with all the problems and issues related to noise pollution. Compared with the legislation in developed countries India is still lagging behind in enacting adequate and scientific legislations. What is required is one simple but specific and detailed legislation dealing with the several aspects referable to noise pollution and providing measures of control therefor. For an effective implementation of noise pollution prevention programme, it is essential that such a method be devised whose enforcement shall not be problematic. A rule should be so designed, that it is possible for all concerned to be able to implement it, and thus it is not violated by anyone due to some kind of supervening impossibility.” 2. A letter, addressed to the former Chief Justice by some students, has been treated to be a writ petition in the public interest. Those students complained of unauthorized use of loudspeakers at night affecting their studies. A letter, addressed to the former Chief Justice by some students, has been treated to be a writ petition in the public interest. Those students complained of unauthorized use of loudspeakers at night affecting their studies. By the order dated 21.02.2014, this Court has observed as under: “We are constrained to observe that these senior functionaries who are supposed to implement the law and ensure that the directions of the Apex Court are complied with have turned a blind eye to the total violation of the law and a deaf ear to the disturbingly loud playing of loudspeakers day in and day out in the State of Tripura. We on the Bench ourselves are aware that every night loudspeakers are being used in some area or the other of Agartala town for religious and other purposes. Can the Administration and police claim that they are ignorant about this blatant violation of law when each and every citizen is otherwise aware of it.” 3. The apex court in Noise Pollution (V) In Re has further observed that: “Nobody can claim a fundamental right to create noise by amplifying the sound of his speech with the help of loudspeakers. While one has a right to speech, others have a right to listen or decline to listen. Nobody can be compelled to listen and nobody can claim that he has a right to make his voice trespass into the ears or mind of others. Nobody can indulge into aural aggression. If anyone increases his volume of speech and that too with the assistance of artificial devices so as to compulsorily expose unwilling persons to hear a noise raised to unpleasant or obnoxious levels then the person speaking is violating the right of others to a peaceful, comfortable and pollutionfree life guaranteed by Article 21.” 4. Section 2(a) of the Air (Prevention and Control of Pollution) Act, 1981, includes noise in the definition of “air pollutant”. Noise is a nuisance and a health hazard. The diverse source of noise is well known and has been noticed by the apex court in the said judgment. The statutory provisions relating to control of noise pollution as far as this country is concerned are in the Noise Pollution (Regulation and Control) Rules, 2000. Noise is a nuisance and a health hazard. The diverse source of noise is well known and has been noticed by the apex court in the said judgment. The statutory provisions relating to control of noise pollution as far as this country is concerned are in the Noise Pollution (Regulation and Control) Rules, 2000. These have to be read in conjunction with the provisions of Sections 268 of the Indian Penal Code, Section 133 of the Code of Criminal Procedure, Section 89 of the Factories Act and Rules 119 and 120 of the Central Motor Vehicles Rules. We are mainly concerned with the provisions of the Noise Pollution (Regulation and Control) Rules, 2000 framed under the Environment (Protection) Act, 1986. Rule 3 lays down the ambient air quality standards in respect of noise for different areas/zones of industrial, commercial, residential or silence areas/zones for the purpose of implementation of noisestandards for different areas. Until this PIL was filed no notification has been existed in the State of Tripura in terms of Rule Sub Rule (3) of Rule 3 casts a duty upon the State Government to take measures for combating of noise including the noise emanating from vehicular movements, blowing of horns, bursting of sound emitting from fire crackers, use of loud speakers or public address system or sound producing instruments. It is the duty of the State to ensure that the existing noise level does not exceed the ambient air quality standards prescribed under the rules. Sub Rule (4) casts a duty upon all development authorities, local bodies and other concerned authorities while planning the development activity to ensure that the noise levels are maintained as prescribed under the rules. Sub Rule (5) is very important for our purpose. This rule prescribes that an area comprising not less than 100 metres around any hospital, educational institutions and court may be declared as silence area/zone for the purpose of these rules. It appears to this Court that the authorities were totally ignorant about the SubRule (5). Rule 2(c) defines the “authority” to mean any authority or officer authorized by the Central Government or the State Government and includes a District Magistrate, Police Commissioner or any other officernot below the rank of the Deputy Superintendent of Police designated for maintenance of the ambient air quality standards in respect of noise. 5. Rule 2(c) defines the “authority” to mean any authority or officer authorized by the Central Government or the State Government and includes a District Magistrate, Police Commissioner or any other officernot below the rank of the Deputy Superintendent of Police designated for maintenance of the ambient air quality standards in respect of noise. 5. By the order dated 20.01.2014, this Court directed to issue notification in terms of Noise Pollution (Regulation and Control) Rules, 2000 within 31.03.2014 and initially the Chief Secretary, Government of Tripura issued a memorandum under No.F.11(33)/DSTE/CC/PtI/46173 dated 29.01.2014. For purpose of reference, the text of the said memorandum is entirely reproduced hereunder: “GOVERNMENT OF TRIPURA DEPARTMENT OF SCIENCE, TECHNOLOGY AND ENVIRONMENT PT. NEHRU COMPLEX, AGARTALA No. F.11(33)/DSTE/CC/PtI/46173 Dated the 29th January, 2014 MEMORANDUM-07 Subject : Checking noise pollution Attention of all concerned is hereby drawn to the provisions of the Noise Pollution (Regulation and Control) Rules, 2000 framed under the Environment (Protection) Act, 1986 as well as provisions of the Central Motor Vehicles Act, 1989, as applied to Tripura. The High Court of Tripura in Writ Petition(C)(PIL) 03 of 2013 has issued certain directions on the 20th January, 2014 (copy enclosed). In compliance with the said directions, following action shall be taken by all concerned for checking noise pollution: I. Action by Police (i) The SubDivisional Police Officer (SDPO) of the Subdivision shall be designated 'authority' as per Rule 2(c) of the Noise Pollution (Regulation and Control) Rules, 2000. Persons requiring use of loud speaker shall have to submit application under the prescribed format to the SDPO of the concerned area at least seven days before the date of use. The SDPO, on receipt of the said application, shall undertake inquiry, as deemed necessary, and give permission indicating the conditions to be complied with and copy of the same shall be endorsed to the SDM concerned. The permission may also be refused, if deemed necessary, indicating the reasons thereof. The SDPO, with help of officerincharge of the Police Station, shall take necessary action for ensuring that the directions indicated above are complied with and in the event of any violation appropriate action shall be taken as per provisions of the relevant Act and Rules and the directions issued by the Hon'ble High Court. The SDPO, with help of officerincharge of the Police Station, shall take necessary action for ensuring that the directions indicated above are complied with and in the event of any violation appropriate action shall be taken as per provisions of the relevant Act and Rules and the directions issued by the Hon'ble High Court. (ii) No loudspeaker or any sound producing instrument or a musical instrument or a sound amplifier shall be used at night time during 10 PM to 6 AM except within an auditorium, conference rooms, community hall, banquet hall room during public emergency. (iii) Under no circumstances, loudspeaker or other sound making instruments be permitted in the "silence zone" within a radius of 100 metres from any school, college, governmental hospital or court. (iv) The peripheral noise level of a privately owned sound system or a sound producing instrument shall not, at the boundary of the private place, exceed by more than 5 dB(A) the ambient noise standards specified for the area in which it is used. (v) Required equipment for measuring intensity of sound shall be made available to the SDPOs. (vi) Due care shall be taken for ensuring that the rules are obeyed in a graceful and civil manner as far as feasible and only in case of resistance by the violators, punitive action is to be taken. II. Action by other departments (i) The horns or other sound producing device on vehicles should comply with Rule 119 of the Motor Vehicles Rules. No vehicle with sound boxes should be permitted to ply. Requirement for complying with these should be indicated in the license and looked into while issuing and renewing license. While appropriate legal action may be taken for the first offence committed by the driver/vehicle, in case the offense happening for the second time, route permit, wherever applicable, of such vehicle/driver shall be cancelled and the sound box seized. (Action by Transport Department) (ii) Awareness regarding noise pollution should be generated among students, youth, enforcement agencies, civil society. For the purpose, wide publicity should be given to these in print and electronic media. (Action by ST & E/School Education/ICA Departments) (iii) Tripura State Pollution Control Board (TSPCB) shall organize capacity building on necessary technical guidance to concerned officials. The Board shall also keep general watch for maintaining ambient air quality standards for sound levels in different zones. For the purpose, wide publicity should be given to these in print and electronic media. (Action by ST & E/School Education/ICA Departments) (iii) Tripura State Pollution Control Board (TSPCB) shall organize capacity building on necessary technical guidance to concerned officials. The Board shall also keep general watch for maintaining ambient air quality standards for sound levels in different zones. (iv) All development authorities, local bodies and other concerned authorities, while planning development activity or carrying out functions relating to town and country planning, shall give due consideration to checking noise pollution as a parameter of quality of life to avoid noise menace and to achieve the objective of maintaining the ambient air quality standards in respect of noise. (Action by UD, PW Departments) III. General (i) Implementation of the statutory provisions and directions of the Hon'ble High Court of Tripura, as indicated above, shall be monitored at the district level by the DM & Collectors with help of the District Superintendents of Police and other officials and at the State level by the Director General of Police. Sd/ illegible (S.K. Panda) Chief Secretary Government of Tripura” With the said memorandum, the formats of undertaking and the order granting use of loudspeakers/public address system have been provided. 6. On 28.01.2014 by a notification issued in exercise of the power conferred by Rule 2(c) of the Noise Pollution (Regulation and Control) Rules, 2000, the Sub Divisional Police Officers have been declared and designated as the ‘authority’ for regulating the use of loudspeaker or a public address system in his/her jurisdiction as per relevant provisions of the said Rules. The said notification dated 28.01.2014 is extracted hereunder in its entirety: “GOVERNMENT OF TRIPURA DEPARTMENT OF SCIENCE, TECHNOLOGY AND ENVIRONMENT PT. NEHRU COMPLEX, AGARTALA No.F.11(33)/DSTE/CC/PtI/45258 Dated 28th January, 2014 Notification In exercise of the power conferred by Rule 2(c) of the Noise Pollution (Regulation and Control) Rules, 2000 issued under the Environment (Protection) Act, 1986 and in partial modification of the earlier notification No.F.8(10/DSTE/ENV/PTIX/451736 dated 05.10.2009, the Governor of Tripura is hereby pleased to appoint the Sub divisional Officers as the ‘Authority’ for regulating the use of loudspeaker or a public address system in his/her jurisdiction as per relevant provisions of the said Rules. The SDPOs shall take necessary action under the overall supervision and control of the District Magistrate of the district. Sd/ Illegible (Surender Kumar) Secretary to the Government of Tripura” 7. The SDPOs shall take necessary action under the overall supervision and control of the District Magistrate of the district. Sd/ Illegible (Surender Kumar) Secretary to the Government of Tripura” 7. As stated, Rule 5 clearly provides that a loud speaker or a public address system shall not be used except after obtaining written permission from the authority. Sub-rule (2) of Rule 5 provides that no loud speaker or public address system or any sound producing instrument or a musical instrument or a sound amplifier shall be used at night time during 10 p.m. to 6 a.m. except within an auditorium, conference rooms, community hall, banquet hall or during a public emergency. Sub-rule (3) permits the State Government in certain cases to permit the use of loud speaker or public address system during night hours between 10 p.m. to 12 midnight during cultural or religious occasions, but the power is circumscribed in giving this exemption. Such exemption can only be allowed for a total period not exceeding 15 days in an entire calendar year. The rule also provides that the State Government should generally specify in advance, the number and particulars of the days on which such exemption would be operative. Even where such use of loud speakers or public address system is allowed, the noise source should not exceed 10 decibels (dB) above the ambient noise standard or 75 dB whichever is lower. Therefore, under no circumstance can the sound level be higher than 75 dB. In case of privately owned sound systems, the sound at the boundary of the private place where such permission is granted should not exceed more than 5 dB of the ambient noise standards. Rule 5A provides that no horn shall be used in a silence zone or during night time in residential areas except during a public emergency. Similarly, sound emitting fire crackers shall not be burst in silence zone or during night time. These standards have been laid down by the Central Government and these standards are to be applied in the entire country and these standards are required to be strictly observed throughout the country. Rule 119 of the Central Motor Vehicles Rules, 1989 provides that no motor vehicle including an agricultural tractor shall be fitted with a multitoned horn giving a succession of different notes or any other sound producing device which gives an unduly harsh, shrill, loud or alarming noise. Rule 119 of the Central Motor Vehicles Rules, 1989 provides that no motor vehicle including an agricultural tractor shall be fitted with a multitoned horn giving a succession of different notes or any other sound producing device which gives an unduly harsh, shrill, loud or alarming noise. Every such horn should be tested and maintained to comply with the noise standards laid down in the Environment (Protection) Rules. 8. In Church of God (Full Gospel) in India v. K.K.R. Majestic Colony Welfare Association, reported in (2000) 7 SCC 282 , the apex court held that the noise pollution rules would apply even if such noise was a direct result of and was connected with religious activity. The apex court held as follows: “Undisputedly, no religion prescribes that prayers should be performed by disturbing the peace of others nor does it preach that they should be through voice amplifiers or beating of drums. In our view, in a civilized society in the name of religion, activities which disturb old or infirm persons, students or children having their sleep in the early hours or during daytime or other persons carrying on other activities cannot be permitted. It should not be forgotten that young babies in the neighbourhood are also entitled to enjoy their natural right of sleeping in a peaceful atmosphere. A student preparing for his examination is entitled to concentrate on his studies without there being any unnecessary disturbance by the neighbours. Similarly, the old and the infirm are entitled to enjoy reasonable quietness during their leisure hours without there being any nuisance of noise pollution. Aged, sick, people afflicted with psychic disturbances as well as children up to 6 years of age are considered to be very sensible (sic sensitive) to noise. Their rights are also required to be honoured. Under the Environment (Protection) Act, 1986, rules for noise pollution level are framed which prescribe permissible limits of noise in residential, commercial, industrial areas or silence zone. The question is-whether the appellant can be permitted to violate the said provisions and add to the noise pollution. In our view, to claim such a right itself would be unjustifiable. In these days, the problem of noise pollution has become more serious with the increasing trend towards industrialisation, urbanisation and modernisation and is having many evil effects including danger to health. In our view, to claim such a right itself would be unjustifiable. In these days, the problem of noise pollution has become more serious with the increasing trend towards industrialisation, urbanisation and modernisation and is having many evil effects including danger to health. It may cause interruption of sleep, affect communication, loss of efficiency, hearing loss or deafness, high blood pressure, depression, irritability, fatigue, gastrointestinal problems, allergy, distraction, mental stress and annoyance etc. This also affects animals alike. The extent of damage depends upon the duration and the intensity of noise. Sometimes it leads to serious law and order problem. Further, in an organised society, rights are related with duties towards others including neighbours.” After visiting the entire gamut of law, the apex court issued the following directions: “ (i) Firecrackers: 174. 1. On a comparison of the two systems i.e. the present system of evaluating firecrackers on the basis of noise levels, and the other where the firecrackers shall be evaluated on the basis of chemical composition, we feel that the latter method is more practical and workable in Indian circumstances. It shall be followed unless and until replaced by a better system. 2. The Department of Explosives (DOE) shall undertake necessary research activity for the purpose and come out with the chemical formulae for each type or category or class of firecrackers. DOE shall specify the proportion/composition as well as the maximum permissible weight of every chemical used in manufacturing firecrackers. 3. The Department of Explosives may divide the 4. There shall be a complete ban on bursting soundemitting firecrackers between 10 p.m. and 6 a.m. It is not necessary to impose restrictions as to time on bursting of colour/lightemitting firecrackers. 5. Every manufacturer shall on the box of each firecracker mention details of its chemical contents and that it satisfies the requirement as laid down by DOE. In case of a failure on the firecrackers into two categories-(i) sound emitting firecrackers, and (ii) colour/lightemitting firecrackers. part of the manufacturer to mention the details or in cases where the contents of the box do not match the chemical formulae as stated on the box, the manufacturer may be held liable. 6. In case of a failure on the firecrackers into two categories-(i) sound emitting firecrackers, and (ii) colour/lightemitting firecrackers. part of the manufacturer to mention the details or in cases where the contents of the box do not match the chemical formulae as stated on the box, the manufacturer may be held liable. 6. Firecrackers for the purpose of export may be manufactured bearing higher noise levels subject to the following conditions: (i) the manufacturer should be permitted to do so only when he has an export order with him and not otherwise; (ii) the noise levels for these firecrackers should conform to the noise standards prescribed in the country to which they are intended to be exported as per the export order; (iii) these firecrackers should have a different colour packing, from those intended to be sold in India; (iv) they must carry a declaration printed thereon something like “not for sale in India” or “only for export to country AB” and so on. (ii) Loudspeakers: 175. 1. The noise level at the boundary of the public place, where loudspeaker or public address system or any other noise source is being used shall not exceed 10 dB(A) above the ambient noise standards for the area or 75 dB(A) whichever is lower. 2. No one shall beat a drum or tomtom or blow a trumpet or beat or sound any instrument or use any sound amplifier at night (between 1. 10.00 p.m. and 6 a.m.) except in public emergencies. 3. The peripheral noise level of privatelyowned sound system shall not exceed by more than 5 dB(A) than the ambient airquality standard specified for the area in which it is used, at the boundary of the private place. (iii) Vehicular noise: 176. No horn should be allowed to be used at night (between 10 p.m. and 6 a.m.) in residential area except in exceptional circumstances. (iv) Awareness: 177. 1. There is a need for creating general awareness towards the hazardous effects of noise pollution. Suitable chapters may be added in the textbooks which teach civic sense to the children and youth at the initial/earlylevel of education. Special talks and lectures be organised in the schools to highlight the menace of noise pollution and the role of the children and younger generation in preventing it. Suitable chapters may be added in the textbooks which teach civic sense to the children and youth at the initial/earlylevel of education. Special talks and lectures be organised in the schools to highlight the menace of noise pollution and the role of the children and younger generation in preventing it. Police and civil administration should be trained to understand the various methods to curb the problem and also the laws on the subject. 2. The State must play an active role in this process. Resident Welfare Associations, service clubs and societies engaged in preventing noise pollution as a part of their projects need to be encouraged and actively involved by the local administration. 3. Special public awareness campaigns in anticipation of festivals, events and ceremonial occasions whereat firecrackers are likely to be used, need to be carried out. The abovesaid guidelines are issued in exercise of power conferred on this Court under Articles 141 and 142 of the Constitution. These would remain in force until modified by this Court or superseded by an appropriate legislation. (v) Generally: 178. 1. The States shall make provision for seizure and confiscation of loudspeakers, amplifiers and such other equipment as are found to be creating noise beyond the permissible limits. 2. Rule 3 of the Noise Pollution (Regulation and Control) Rules, 2000 makes provision for specifying ambient airquality standards in respect of noise for different areas/zones, categorization of the areas for the purpose of implementation of noise standards, authorising the authorities for enforcement and achievement of laid down standards. The Central Government/ State Governments shall take steps for laying down such standards and notifying the authorities where it has not already been done. 179. Though, the matters are closed consistently with the directions as issued above in public interest, there will be liberty of seeking further directions as and when required and in particular in the event of any difficulty arising in implementing the directions.” 9. It is needless to say these directions of the apex court are mandatory and required to be followed by each and everyone. The law declared by the apex court binds each and every person in this country. It is to be noted that power to permit the use of loudspeakers or public address system during night hours between 10 pm. It is needless to say these directions of the apex court are mandatory and required to be followed by each and everyone. The law declared by the apex court binds each and every person in this country. It is to be noted that power to permit the use of loudspeakers or public address system during night hours between 10 pm. to 12 midnight during cultural and religious occasions cannot be delegated by the State Government to any other authority. In Noise Pollution (VII) In Re [Forum, Prevention of Environm ental & Sound Pollution] vs. Union of India and another, reported in (2005) 8 SCC 796 , the apex court has observed as under: “8. Looking at the diversity of cultures and religions in India, we think that a limited power of exemption from the operation of the Noise Rules granted by the Central Government in exercise of its statutory power cannot be held to be unreasonable. The power to grant exemption is conferred on the State Government. It cannot be further delegated. The power shall be exercised by reference to the State as a unit and not by reference to districts, so as to specify different dates for different districts. It can be reasonably expected that the State Government would exercise the power with due care and caution and in public interest. However, we make it clear that the scope of the exemption cannot be widened either by increasing the number of days or by increasing the duration beyond two hours. If that is attempted to be done, then the said subrule (3) conferring power to grant exemption may be liable to be struck down as violative of Articles 14 and 21 of the Constitution. We also make it clear that the State Government should generally specify in advance, the number and particulars of the days on which such exemption will be operative. Such specification would exclude arbitrariness in the exercise of power. The exemption, when granted, shall not apply to silence zone areas. This is only as a clarification as, this even otherwise, is the position of law.” 10. Usually a plea is taken that exemption is generally be made for purpose of religion or religious practices. Such specification would exclude arbitrariness in the exercise of power. The exemption, when granted, shall not apply to silence zone areas. This is only as a clarification as, this even otherwise, is the position of law.” 10. Usually a plea is taken that exemption is generally be made for purpose of religion or religious practices. The apex court in Noise Pollution (VII) In Re, has clearly observed that: “we are not concerned with any religion or religious practices; we are concerned only with the fundamental right of the citizens and the people to protect themselves against noise pollution and forced audiences.” The apex court has approvingly quoted a passage from ‘TheSpeakingTree’published in the TimesofIndiadated 07.10.2005. We also find it highly appropriate to refer as it provide extra muscle to the scientific analogy, based on which, the apex court issued certain directions to curb the menace of noise pollution. It appears to us that the role of administration in particular to control or check noise pollution is far from satisfactory. The officials appear to be totally ignorant of such directions issued by the apex court. The State Pollution Control Board, the respondent No.4 herein, has the duty to ensure that there is sufficient dissemination of knowledge/information to the public about the regulatory regime as has been put in place for curbing the menace of noise pollution. 11. By the order dated 20.01.2014, this court had passed the following directions: “We also direct the State to ensure that sufficient number of equipment is made available to the concerned authorities so that they can measure the sound levels at different places. This be also done latest by 31st March, 2014. The District Magistrate shall ensure that widespread publicity is given to the noise pollution rules referred to by us above and a synopsis of the rules and the notification in the local languages i.e. Bangla and Kokbarak can be circulated in the newspapers having circulation in the area as well as by giving due publicity on All India Radio and Doordarshan. We also call upon the local TV channels to disseminate information in this regard as this is their corporate social responsibility to ensure that they disseminate knowledge to the people. We also call upon the local TV channels to disseminate information in this regard as this is their corporate social responsibility to ensure that they disseminate knowledge to the people. As held by us earlier, Rule 119(2) of the Central Motor Vehicles Rules prohibits the use of multitoned horns or any other sound producing device which gives an unduly harsh, shrill, loud or alarming noise. Only those horns can be used on vehicles which meet with the requirements of the bureau of Indian standard. However, we have noticed that pressure horns and multitoned horns are being used with impunity in the State of Tripura. The State is directed to ensure that adequate steps are taken to ensure that there is no violation of the Rule 119 of the Central Motor Vehicles Rules, 1989. We direct the State to issue directions within one week from today to all the District Magistrates, Superintendent of Police, Deputy Superintendent of Police and any other authority which the State deems fit including SubDivisional Magistrates, registering and licensing authorities, Motor Vehicle Inspectors to ensure the compliance with the rules. Multitoned horns/pressure horns are normally not used on private vehicles and are used mainly on public transport vehicles. All these public transport vehicles have to obtain a fitness certificate. When the fitness certificate is obtained, the authority granting such fitness certificate must ensure that there is no multitoned horn fixed in the vehicle. We have also found that in the State of Tripura many vehicles are plying in which huge sound boxes have been fixed and music is played at very high decibel levels. Such sound boxes cannot be permitted in any car/vehicle and this is a violation of the Motor Vehicles Rules. The District Magistrates and the Superintendent of Police shall ensure that no vehicle is permitted to ply which has such sound box. In the case of vehicles which are required to have route permits to ply as commercial vehicles after removal of the sound box, notice shall be given to the owner and the data shall be entered in a computer. In the case of second violation by the owner of the vehicle, the route permit shall be cancelled and no fresh route permit shall be granted without permission of the Court. The sound boxes shall also be seized and not released without the orders of the Magistrate. In the case of second violation by the owner of the vehicle, the route permit shall be cancelled and no fresh route permit shall be granted without permission of the Court. The sound boxes shall also be seized and not released without the orders of the Magistrate. We hold the District Magistrates and the Superintendent of Police responsible to fully and absolutely comply with and strictly implement all directions contained in the aforesaid order and the Act and the Rules. They shall be answerable to the Court to ensure that the law is complied with and implemented in letter and spirit. Any violation of the law may also in certain circumstances be treated as contempt of Court by these officials.” These directions are not outmoded or stale. Those are still very irrelevant and for this reason, they are reiterated. 12. Whatever may have happened in the past has happened. It is the duty of the State now to ensure that the law is complied with its letter and spirit and any violation of the law shall strictly be dealt with by this Court and the concerned officials may have to face contempt action from this Court if the law is violated for their inaction. It is reiterated that under no circumstances will loudspeakers or other sound making instruments be permitted within a radius of 100 metres aerial distance as the crow flies from any school, college, Government hospitals, court or office. Till Rules in this behalf are framed, the authority shall take stern action viz. to cause seizure of the equipment which is used for noise pollution. Once that equipment is seized, it shall not be released without obtaining orders of the concerned Magistrate. In case of the second offence by any owner/supplier of the equipment, the equipment shall not be released till orders are obtained from this Court. The Magistrate shall only permit the equipment to be released on that person or the owner/supplier of the equipment filing an affidavit that he shall comply with the law in future. The orders of this Court must be obeyed but this can be ensured in a graceful and civil manner. But in any case if any person put up resistance or tried to defy the law, then the sound system shall be seized. The orders of this Court must be obeyed but this can be ensured in a graceful and civil manner. But in any case if any person put up resistance or tried to defy the law, then the sound system shall be seized. In case of pressure horns/multitoned horns, as soon as a pressure horn or multitoned horn is detected in the vehicle, the concerned officials shall remove the horn and destroy the same at the spot after making entry in a register to be maintained in this regard. The authorities shall also prepare a data base with the number of the vehicle, name of the driver of the vehicle and owner who were challaned for using the pressure/multitoned horns and this data shall be maintained in such a manner so that if a second offence is committed by them it becomes easy to identify the owner and driver of the vehicle. In case of repeated offences by them, the vehicle can be seized by the authorities concerned and shall not be released except the permission of this Court. 13. We would be failing in our duties if we do not record that in terms of the order passed by this Court, the situation has improved and all the District Magistrates and Superintendents of Police have done a commendable job by taking action in respect of monitoring the noise in compliance of the direction of the apex court and the prescription of the law by taking appropriate action including seizure and publishing the notification/advertisement for disseminating the knowledge of the directions and the provisions of law involving the public spirited citizens in such action. In the order dated 09.06.2014, it has been observed by us as under: “The Court has noted with satisfaction that after this writ petition was entertained the State has taken a lot of action and the situation has improved considerably. However, there is scope for further improvement especially with regard to bursting of crackers and pressure horns. A lot of violations in regard to pressure horns are made by owners of vehicle which come from outside the State. Therefore, at the principal entry points into the State of Tripura large hoardings may be put up informing the persons entering Tripura that pressure horns are totally banned and use of pressure horns will entail heavy fines. A lot of violations in regard to pressure horns are made by owners of vehicle which come from outside the State. Therefore, at the principal entry points into the State of Tripura large hoardings may be put up informing the persons entering Tripura that pressure horns are totally banned and use of pressure horns will entail heavy fines. One of the places which we can suggest is the Churaibari Check Post. Once these hoardings are put we hope and expect that the situation shall be improved further.” 14. We note the initiative taken by the Tripura State Pollution Control Board in respect of noise monitoring. They have filed 2(two) noise monitoring reports. One of the monitoring report is in respect of Deepavali Festival, 2011 at Agartala, Udaipur and Dharmanagar whereas the other monitoring report of the same areas during the Deepavali Festival, 2013. These reports clearly show the decibel level on the Deepavali day visavis the normal day. In most of the cases the decibel level is higher than the standard level. These reports are the indicators why further action is required. As noted earlier by the notification dated 28.01.2014, the SubDivisional Police Officers have been appointed as the authority for regulating the use of loudspeakers or a public address system in his/her jurisdiction as per the provisions of the Noise Pollution (Regulation and Control) Rules, 2000. In the said notification, it has been categorically provided that the SubDivisional Police Officers shall take necessary action under the overall supervision and control of the District Magistrate of the concerned District. As such, it is apparent that the District Magistrate of the District has been made responsible for purpose of supervision and control in terms of the Noise Pollution (Regulation and Control) Rules, 2000 by the State. 15. We have elaborately quoted the directions of the apex court as well as the various provisions of the Noise Pollution (Regulation and Control) Rules and Rule 119 of the Central Motor Vehicle Rules, 1989 and the supplementary directions of this Court. 15. We have elaborately quoted the directions of the apex court as well as the various provisions of the Noise Pollution (Regulation and Control) Rules and Rule 119 of the Central Motor Vehicle Rules, 1989 and the supplementary directions of this Court. This writ petition is closed by us with further direction on the respondents to enforce and comply the direction of this Court as quoted above, which are emanating from the direction of the apex court and the provisions of Noise Pollution (Regulation and Control) Rules and Rule 119 of the Central Motor Vehicle Rules, 1989 in their letter and spirit, meaning the direction of the apex court in Noise Pollution cases reported in (2005) 5 SCC 728 , (2005) 5 SCC 730 , (2005) 5 SCC 733 , (2005) 8 SCC 794 and (2005) 8 SCC 796 and provisions of the Noise Pollution (Regulation and Control) Rules and Rule 119 of the Central Motor Vehicle Rules, 1989 are to be enforced without any remiss and fully inconformity with the directions as contained in this order. For this purpose, we further direct the District Magistrate of each district to constitute a committee for periodical review whether the directions are being followed or enforced with the following persons: (i) The District Magistrate & Collector of each district as the Chairman. (ii) The Superintendent of Police of the each district as member and (iii) All the Sub-Divisional Magistrates and Sub-Divisional Police Officers of the said district and one representative from the Tripura State Pollution Control Board as members. The said committee shall sit at least twice in a year, one in the first week of January of every year before commencement of the public examination and the other in the first week of August before the festivals. This committee shall also be responsible for dissemination of information as to the directions as above to the public in general and to the person or the bodies which might indulge in violation of the provisions of law or the directions as above. The representative of Tripura State Pollution Control Board as would be nominated by the Chairperson, Tripura State Pollution Control Board, shall make a formal report to the State Pollution Control Board, the respondent No.4 herein, which may also suggest the further action that may be appropriate for curbing the menace of noise pollution to the concerned District Magistrate. The representative of Tripura State Pollution Control Board as would be nominated by the Chairperson, Tripura State Pollution Control Board, shall make a formal report to the State Pollution Control Board, the respondent No.4 herein, which may also suggest the further action that may be appropriate for curbing the menace of noise pollution to the concerned District Magistrate. Further, it is directed that the Tripura State Pollution Control Board shall by means of monitoring, prepare the annual report which is to be published in the month of January every year covering the urban, semi urban areas in particular spread throughout State and such report shall be made available to the stakeholders and be circulated in the media for greater dissemination of information. The said Pollution Control Board and the committees as directed to be formed by the District Magistrate of the concerned district and which shall be formed within a month from today, shall work in tandem so as to make the object of law and directions as quoted, realised in order to protect the citizen from their right of enjoying the life without being affected by Noiseinduced Temporary Threshold Shifts (NITTS), which is a temporary loss of hearing acuity experienced after a relatively short exposure to excessive noise and Noiseinduced Permanent Threshold Shift (NIPTS) which is an irreversible loss of hearing that is caused by prolonged noise exposure. Both NITTS and NIPTS together with presbycusis, cause the permanent hearing impairment which is ordinarily attributable to the natural aging process. The citizens have a right to live without such impairment or any psychological dearrangement affecting the normal life by means of plausible clinical manifestation of stress concomitant. This Court is of the view that the mechanism that has been suggested shall be effectively run and the authority shall make all efforts to realise our constitutional object as enshrine in Article 21 of the Constitution of India. Accordingly, this writ petition is disposed of. Before parting with the records, it is made clear that any violation of these directions shall invite the contempt action from this Court and any citizen may approach the court for this purpose naming the person who is responsible for such violation. Accordingly, this writ petition is disposed of. Before parting with the records, it is made clear that any violation of these directions shall invite the contempt action from this Court and any citizen may approach the court for this purpose naming the person who is responsible for such violation. The Chief Secretary of the State be furnished with a copy of this order for circulating the same to the concerned authority and publish the synopsis of the same by way of press release in order to disseminate its content. The Chief Secretary shall also oversee that the committees and the concerned authorities function with alacrity in terms of this judgment.