ANAND PARTHASARATHY Vs. STATE OF KERALA

JUDGEMENT

(1.) These two petitions are interlinked and, therefore, shall be governed by this common judgment. Petitions are stated to have been filed in public interest. According to petitioner, uncontrolled and unregulated use of explosives results in sound pollution. Fireworks used in connection with festivals and other purposes in Kerala have added to sound pollution which cause health hazards. Though Explosives Act, 1884 (in short, 'the Act') has been enacted to regulate activities in connection with use of explosives, there are flagrant violations thereof. It is submitted that format which is required to be used by persons when they desire to purchase and use fireworks in tune with R.155 of Explosives Rules, 1983 (in short, 'the Rules') in Form No. 29 was hardly used and complied with. By way of illustration, it is submitted that in Adampillykkavu Bhagavathy Temple at Tripunithura, there is flagrant violation of the statutory provisions and authorities are not taking effective steps to stop sound pollution. A copy of Gazette of India (Extraordinary) notification No. 488 dated 5.10.1999 has been submitted to show that corresponding GSR 682(E) has been issued on 5.10.1999 in exercise of powers conferred by S.6 and 25 of Environment (Protection) Act, 1986 (in short, 'the Environment Act'). Amendments have been made to Environment (Protection) Rules, 1986 (in short, 'the Environment Rules') and standard has been prescribed and the Department of Explosives has been asked to ensure implementation of standards.

(2.) Learned counsel for Pollution Control Board has taken the stand that whenever any infraction is noticed, appropriate steps have been taken. So far as temple authorities are concerned, they have taken the stand that there is no infraction at all and under the garb of public interest, petitioner is trying to get some cheap publicity. Learned counsel for State submitted that authorities who are required to take action under the Act or any other statutory provisions governing the field are taking necessary steps.

(3.) 'Pollution' is noun derived from transitive verb 'pollute', which, according to Random House Dictionary of English Language (College Edn.) (1977), means: