NOISE POLLUTION Vs. UNION OF INDIA

JUDGEMENT

(1.) While the Union Government is examining certain suggestions made by the learned amicus curiae to control noise pollution, which is admittedly causing health hazards and leading to other avoidable situations, the learned amicus curiae had on 25-9-2001 submitted that in view of the forthcoming dussehra and Diwali festivals, it is desirable to give certain directions, not only with a view to prevent accidents arising out of use of firecrackers, but also to control noise pollution. We had on that date directed learned counsel for the parties to take appropriate instructions.

(2.) The writ petition shall come up for further directions in the second week of December, 2001. However, in the meanwhile, keeping in view submission made by the learned amicus curiae to issue certain directions to control noise pollution arising out of bursting of firecrackers, in view of the forthcoming Dussehra and Diwali and other festivals, it appears appropriate to us to issue the following directions as an interim measure: (7) The Union Government, the Union Territories as well as all the state Governments shall take steps to strictly comply with Notification no. GSR 682 (E) dated 5-10-1999 whereby the Environment (Protection) rules, 1986 framed under the Environment (Protection) Act, 1986 were amended. They shall in particular comply with amended Rule 89 of schedule I to the said Rules, which reads as follows: "89. Noise standards for firecrackers a. (i) The manufacture, sale or use of firecrackers generating noise level exceeding 125 db (AI) or 145 db (C) pk at 4 metres distance from the point of bursting shall be prohibited. (//') For individual firecracker constituting the series (joined firecrackers) , the abovementioned limit be reduced by 5 log10 (N) db, where N = number of crackers joined together. " (2) The use of fireworks or firecrackers shall not be permitted except between 6. 00 a. m. and 10. 00 p. m. No fireworks or firecrackers shall be used between 10. 00 p. m. and 6. 00 a. m. (3) Firecrackers shall not be used at any time in silence zones, as defined in SO No. 1046 (E) issued on 22-11-2000 by the Ministry of environment and Forests. In the said notification, silence zone has been defined as : "silence zone is an area comprising not less than 100 metres around hospitals, educational institutions, courts, religious places or any other area which is declared as such by the competent authority. " (4) The State Education Resource Centres in all the States and the union Territories as well as the management/principals of schools in all the States and Union Territories shall take appropriate steps to educate students about the ill-effects of air and noise pollution and apprise them of Directions (1) to (3) above.

(3.) These interim directions shall be given wide publicity both by the electronic and print media. Doordarshan and other television channels shall give publicity to these directions, at least once every day during prime time, during the fortnight before Dussehra and Diwali. The Ministry of information and Broadcasting shall also bring these directions to the notice of general public through appropriate advertisements issued in the newspapers. The All India Radio shall broadcast these directions on prime time on FM and other frequencies for information of the general public.