MOTI LAL YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Moti Lal Yadav in person, Sri Ramesh Kumar Singh, Additional Advocate General assisted by Sri H.P. Srivastava, Additional Chief Standing Counsel, Sri A.K. Verma, learned counsel for the U.P. Pollution Control Board and Sri Amrendra Nath Tripathi, Advocate.

(2.) In pursuance to the order dated 6.2018, Sri Arvind Kumar, Principal Secretary (Home) is present in the Court. An affidavit for exemption from personal appearance of the Chairperson, U.P. Pollution Control Board has been filed, which is taken on the record and her personal appearance is exempted for today.

(3.) The matter in issue is of a very serious nature pertaining to the immense noise pollution on account of rampant use, rather misuse and abuse, of loudspeakers installed over the religious places and being used rampantly by the Disc Jockey's in marriage processions and other processions which are taken out night and day throughout the State of U.P. This Court by a detailed order dated 20.12.2017 had indicated the entire law on the subject including the health consequences of community noise pollution as per the research article published in the Indian Journal of Community Medicine. Despite the said order and the Government having issued an order dated 4.1.2018 as contained in Annexure-1 to the personal affidavit filed by the Principal Secretary, Home Department, Government of U.P., which appears to be a feeble and weak attempt to control the menace of noise pollution, nothing much appears to have been done on the ground, apart from indicating that almost all the loudspeakers belling out noise throughout the day and night, now have the permission to do so, the permission having been granted by the competent authority. Needless to mention that despite issue of the said order the things have not changed even an iota, rather persons indulging in noise pollution have now become even more brazen about it. The contradictions in the personal affidavit filed by the Principal Secretary, Home Department were explained in the Court to the Principal Secretary and Sri Ramesh Kumar Singh, learned Additional Advocate General assisted by Sri H.P. Srivastava, learned Additional Chief Standing Counsel to which Sri Ramesh Kumar Singh, learned Advocate General has stated in his usual fair manner that they would be filing a better affidavit in this regard addressing the questions raised by this Court in the order dated 20.12.2017 and also in this order.