NAYAN BEHARI DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, a practising advocate of this Court has filed this petition for issuance of an appropriate writ, direction or order commanding the opposite parties 2 and 3 to adopt strict measures for restraining use of multitoned horns and other such devices giving an unduly harsh, shrill, loud or alarming noise, by vehicles, in particular, goods vehicles and passenger buses, as such sound devices are creating immense inconvenience to the public at large.

(2.) It is the case of the petitioner that he has got his office-cum-residence situated near the Link road, a busy area through which private buses and other transport vehicles are plying practically throughout the day and night. On either side of the Link road, near the (sic) square the O.S.R.T.C. bus-stop and the bus-stop for use of the private bus operators are situated. How-ever, many buses are parked on the side of the road over a long period and more often than not, the engines are kept running and there is indiscriminate use of multitoned horns and (other) similar devices creating unduly harsh, shrill, loud or alarming noise. This carries on practically from early morning till well passed midnight. According to the petitioner the constant use of multitoned horns creating unduly harsh, shrill, loud or alarming sounds is making lot of inconvenience to the residents and is leading to sound pollution. Accordingly, he has been compelled to approach this Court for issuance of appropriate direction.

(3.) Though notice was issued to all the opposite parties, only opposite parties 2 and 3 i.e. The Commissioner, State Transport Authority and the Regional Transport Authority have chosen to file a counter. These opposite parties, while admitting that the use of multitoned horns and other devices producing unduly harsh, shrill, alarming or loud noice, has been prohibited, state that appropriate action is being taken against those who are committing a breach of this provision. In the additional counter filed subsequently, these opposite parties have stated that a total of 1451 vehicles checking reports have been drawn up during the period from 15-5-1995 to 9-9-1995 against the vehicles using multitoned horns and similar devices and in many cases these horns were removed, it is further stated that strict steps are being taken, and that, the department shall continue its drive against the use of multitoned horns and other similar devices that are used in breach of the Rules.Rule-119 of the Central Motor Vehicles Rules, reads thus :"