SOCIETY FOR PROTECTION OF CULTURE HERITAGE ENVIRONMENT TRADITIONS AND PROMOTIONS OF NATIONAL AWARENESS Vs. UOI & ORS.

JUDGEMENT

(1.) SECTION 3 of the Environment (Protection) Act, 1986 empowers the Central Government to take such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing controlling and abating environmental pollution. Section 6 of the said Act empowers the Central Government, inter alia, to make rules providing for the maximum allowable limits of concentration of various environmental pollutants (including noise) for different areas. Section 25 of the said Act empowers the Central Government to make rules for carrying out the purposes of this Act. Rule 5 of the Environment (Protection) Rules, provides that the Central Government may take into consideration, inter alia, the maximum allowable limits of concentration of various environment pollutants (including noise) for an area, while prohibiting or restricting the location of industries and carrying on of processes and operations in different areas. In exercise of the aforesaid powers, the Central Government framed rules called the Noise Pollution (Regulation and Control) Rules, 2000. Rule 3(1) of the said Rules provides that the ambient air quality standards in respect of noise for different areas zones shall be such, as is specified in the Schedule annexed to these rules. Clause (3) of the said Rules provides that the State Government shall take measures for abatement of noise, including the noise emanating from vehicular movements and ensure that the existing noise levels do not exceed the ambient air quality standards specified under these rules. Rule 4(1) provides that the noise levels in any area/zone shall not exceed the ambient air quality standards in respect of noise as specified in the Schedule.

(2.) W.P(C) No. 12719/2009 has been filed by Indian Spinal Injuries Hospital which is a hospital situated in Vasant Kunj area. The case of the petitioner is that the sound emitted by the aircrafts flying over the hospital is in the range of 75 dB(A) to 84 dB(A) which is clearly beyond the prescribed limits, as a result of which the in -house patients of the hospital are constantly suffering from noise pollution caused by the low flying of the aircrafts. The prayer made in this petition is also identical to the prayers made in W.P(C) No. 9337/2009.

(3.) W.P(C) No. 13675/2009 has been filed by Bijwasan Gram Vikas Samiti and others on similar allegations. Bijwasan also is an area nearby the IGI Airport. The prayer made in this petition is to direct the respondents to take necessary measures to mitigate the noise pollution caused by the aircrafts.