BIJAYANANDA PATRA Vs. DISTRICT MAGISTRATE CUTTACK

JUDGEMENT

(1.) All these cases relate to noise pollution in different parts of the State of Orissa caused due to use of high sounding explosive fire works and other blaring sound producing devices and the effect of the resultant pollution in sound. The petitions have been filed in the form of public interest litigation. It is highlighted that the manner in which the sound pollution is being caused and the impact of such sound pollution is on the health of the people, is a cause for great concern. The prayer essentially in each of the writ petitions is for direction to the concerned authorities to prevent the sound pollution, and consequential health hazards.

(2.) "Pollution" is noun derived from the transitive verb "pollute," which according to the Random House Dictionary of the English Language (College Edition, 1977) means :

(3.) It is seen that the various environmental laws have failed to afford sufficient remedial measures for the individual sufferers, and the criminal liability created thereunder is mostly generalised and is of little avail to the person or persons who become victims of any pollutant. Another vital aspect lacking in the environmental laws is that there is no independent law on noise pollution.