SUSHIL CHANDRA SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) This writ proceedings has been instituted by two petitioners who are aggrieved by indiscriminate use of Loudspeaker in a residential area regardless of time.

(2.) The grievance of the petitioners is that the District administration has installed huge L. C. Ds. equipped with amplifiers in the residential area. They are resident of Hashimpur Road, Prayagraj, which is a densely populated area. The L. C. D. starts from 4. 00 A. M. till midnight regularly without any break with full sound. The L. C. D. creates sound problem as well as public nuisance in the residential area. It is stated that the mother of petitioner no. 1 is aged about 85 years and she is suffering from multiple age related diseases and the high noise pollution is causing serious problem in her ears and heart. It is further stated that the son of petitioner no. 2 is studying in Class 12th and due to sound pollution he is unable to prepare for the examination. It is stated that in the area there are three hospitals/ nursing homes, namely, Yashlok Hospital, Alka Hospital and Astha Clinic. A large number of patients are admitted in these hospital, some of them are suffering from heart and other serious ailments. They are also affected by high noise pollution.

(3.) Learned counsel for the petitioners submitted that authorities have failed to enforce the law and directions issued by the Supreme Court in a series of the decisions. It is stated that similar L. C. Ds. and speakers have been installed all over the city which have raised the noise pollution level to an impermissible limit under the Law. It is stated that in spite of the law laid down in the case of NOISE POLLUTION (V), IN RE, 2005 (5) SCC 733 and the statutory rules framed by the Central Government, on account of the inaction on the part of the concerned authority most of the citizens are feeling inconvenience and their health is affected by the noise pollution.