JACKSON AND COMPANY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners, engaged in the business of manufacturing Diesel Generators (hereinafter referred to as DG Set) which are being sold and used in India, have prayed for issuance of a writ, order or direction in the nature of certiorari, inter alia, to quash Rule 2(c) of the Environment (Protection) Second Amendment Rules, 2002 contained in the notification dated 17.5.2002 published in Extra Ordinary Gazette Part-II.

(2.) The Competent Authority in exercise of powers conferred by Sections 6 and 25 of the Environment (Protection) Act, 1986 (hereinafter referred to as the Act) made the rules known as The Environment (Protection) Rules, 1986 (hereinafter referred to as the Rules). By the aforesaid notification in exercise of the powers conferred under Sections 6 and 25 of the Act the Rule making authority, made the rules, known as The Environment (Protection) Second Amendment Rules, 2002(hereinafter referred to as the Amended Rules). By the said amendment, noise limit of generator sets run with diesel came to be re-determined or fixed. Relevant part of Clause (1) of Entry 94 as inserted by the aforesaid Amended Rules reads as under:- Noise limit for diesel generator sets (upto 1000 KVA) manufactured on or after the 1st July, 2003. The maximum permissible sound pressure level for new diesel generator (DG) sets with rated capacity upto 1000 KVA, manufactured on or after the 1st July, 2003 shall be 75 dB(A) at 1 metre from the enclosure surface. The diesel generator sets should be provided with integral acoustic enclosure at the manufacturing stage itself. The implementation of noise limit for these diesel generator sets shall be regulated as given in paragraph 3 below.

(3.) Reading the Amended Rules, it is clear that the noise from diesel generator set must be controlled by providing an acoustic enclosure or by treating acoustically at the manufacturing stage. The limits are to be regulated by the State Pollution Control Boards and the State Pollution Control Committees. Amended Rule 3.1 refers to diesel generator sets upto 1000 KVA rated out put, manufactured or imported in India on or after 1st July, 2003. Rule 3.2 mandates every manufacturer to have a valid certificate. Agencies for certification are also appointed by Rule 3.6.