LAWS(TRIP)-2016-7-40

COURT ON ITS OWN MOTION Vs. STATE OF TRIPURA; SECRETARY, DEPARTMENT OF SCIENCE; COMMISSIONER, DEPARTMENT OF SCIENCE; TRIPURA STATE POLLUTION CONTROL BOARD; DISTRICT MAGISTRATE & COLLECTOR, WEST TRIPURA DISTRICT, AGARTALA; DISTRICT MAGISTRATE & COLLECTOR, KHOWAI DISTRICT, KHOWAI; D

Decided On July 15, 2016
COURT ON ITS OWN MOTION Appellant
V/S
State Of Tripura; Secretary, Department Of Science; Commissioner, Department Of Science; Tripura State Pollution Control Board; District Magistrate And Collector, West Tripura District, Agartala; District Magistrate And Collector, Khowai District, Khowai; D Respondents

JUDGEMENT

(1.) Noise is a type of atmospheric pollution. It is a shadowy public enemy whose growing menace has increased in the modern age of industrialization and technological advancement. Although a soft rhythmic sound in the form of music and dance stimulates brain activities, removes boredom and fatigue, but its excessiveness may prove detrimental to living things. Researches have proved that a loud noise during peak marketing hours creates tiredness, irritation and impairs brain activities so as to reduce thinking and working abilities.

(2.) A letter, addressed to the former Chief Justice by some students, has been treated to be a writ petition in the public interest. Those students complained of unauthorized use of loudspeakers at night affecting their studies. By the order dated 21.02.2014, this Court has observed as under:

(3.) The apex court in Noise Pollution (V) In Re has further observed that: