Excelsior Correspondent
JAMMU, July 11: In a Public Interest Litigation (PIL) filed by Vasu Dubey regarding violation of Noise Pollution (Regulation and Control) Rules, 2000 read with various provisions of the Environment (Protection) Act, 1986 and seeking direction to implement guidelines issued by the Supreme Court, Division Bench of High Court comprising Chief Justice MM Kumar and Justice Tashi Rabstan today directed Deputy Commissioner Jammu and SSP Jammu for filing report in terms of Order Dated May 9, 2014 before next date of hearing, failing which they shall appear before the court in person to explain their conduct.
When the PIL was taken-up for hearing, Division Bench observed, “In earlier orders, observations were made after noticing the stand of the District Magistrate Jammu, Municipal Corporation, Senior Superintendent of Police, Jammu, Senior Superintendent of Police (Traffic), Jammu, Regional Transport Officer, Jammu, all Sub Divisional Magistrates, all Tehsildars (Executive Magistrate Ist Class), Executive Officers of Municipal Committees and all SHOs of district Jammu were advised by the District Magistrate to ensure implementation of the provisions of Jammu and Kashmir Instrument (Control of Noises) Act, 1959 apart from the directions issued by the Supreme Court”.
“This court has issued directions for filing follow up status reports. It was also directed that Additional Deputy Commissioner, Jammu was to issue public notice for general area of Jammu and for Bishnah in particular initiating an awareness drive with regard to the provisions of law and the directions of Supreme Court as well as of this court”, the DB said, adding “the Senior Superintendent of Police was required to register complaint of the petitioner and take necessary action in terms of 1959 Act”.
“In pursuance to Order Dated May 9, 2014 Senior Superintendent of Police, Jammu has filed compliance report which disclosed the reply submitted by the SHO Police Station, Bishnah. According to the reply, Sub Inspector K L Raina was deputed to investigate the matter, who visited the vicinity of Radha Krishan Mandir and recorded statements of the people residing there. It is conceded that amplifier/loudspeakers were used but there was no complaint made by the residents of the locality”, the DB observed.
“We do not approve of the conduct adopted by the Sub Inspector because the use of amplifier/loud speakers has not been denied and in the directions issued by the Supreme Court it has been specifically laid down that the noise level where loudspeaker or public address system or any other noise source is being used, shall not exceed 10 db(A) above the ambient noise standards for the area or 75 dB(A) whichever is lower and no one shall beat a drum or tom-tom or blow a trumpet or beat or sound any instrument or use any sound amplifier at night (between 10.00 p.m. and 6 a.m.) except in public emergencies”, the DB said, adding “the peripheral noise level of privately owned sound system shall not exceed by more than 5 dB(A) than the ambient air quality standard specified for the area in which it is used, at the boundary of the private place.”
“It has also been directed by the Supreme Court that the loudspeakers/amplifiers and such other equipments as are found to be creating noise beyond permissible limit should be confiscated”, the DB said, adding “we direct that if any organization or private person indulges in violation of the directions of the Supreme Court and the provisions of Rule 3 of Rules of 2000 then the District Magistrate shall swing into action and confiscate the loudspeaker/amplifiers of the violators”.
The DB further said, “the Action Taken Report filed on behalf of Executive Magistrate Ist Class, Bishnah reveals that he has adopted the strategy of involving civil society by making them aware of the ill effects of noise pollution which has resulted in some improvement concerning use of loudspeakers/amplifiers in the city”.
“With regard to the city of Jammu, all SHOs along with other officers were required to file the status report in accordance with the directions issued vide order dated 09.05.2014 but the needful has not been done”, the DB observed.
While reiterating the directions, the DB directed that the Action Taken Report/ compliance reports should be filed before the adjourned date failing which Senior Superintendent of Police, Jammu and the District Magistrate, Jammu shall remain present in person.
Trending Now
E-Paper
Follow our WhatsApp channel