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| Jammu DC, SSP to file ATR or appear in person | | PIL regarding noise pollution in Jammu | | Early Times Report
Jammu, July 11 : In a Public Interest Litigation 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 took serious note for not complying Court order and directed Deputy Commissioner Jammu and SSP Jammu for filing report in terms of order dated May 9, 2014 and filed Action Taken Report/ Compliance before next date of hearing, failing which Senior Superintendent of Police, Jammu and the District Magistrate, Jammu shall remain present in person.
When the PIL was taken-up hearing, Division Bench observed that The instant public interest litigation was entertained for effective implementation of Noise Pollution (Regulation and Control) Rules, 2000 (for brevity, Rules of 2000) read with various provisions of The Environment (Protection) Act, 1986. Hon'ble the Supreme Court in the case of Forum for Prevention of Environment & Sound Pollution v. Union of India and another (Annexure-F) has also issued detailed directions. In earlier orders observations have been made after noticing the stand of the District Magistrate Jammu-respondent No.2, 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 (for brevity the 1959 Act) and the Rules of 2000 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 Hon'ble the Supreme Court as well as of this Court. The Senior Superintendent of Police was required to register complaint of the petitioner and take necessary action in terms of 1959 Act. Compliance report was sought from all the authorities.
In pursuance to order dated 09.05.2014 Senior Superintendent of Police, Jammu has filed compliance report which disclosed the reply submitted by the S.H.O. Police Station, Bishnah on 29.05.2014. According to the aforesaid 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. Upon this Division Bench observed that "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 as the noise level at the boundary of the public place, 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, 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 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."
Division Bench further observed that 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. Accordingly, 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 swung into action and confiscate the loudspeaker/amplifiers of the violators.
In another action taken report filed on behalf of Executive Magistrate Ist Class, Bishnah-Jammu, it has been stated that notices for awareness of the general public were issued and published daily newspapers. There were notices issued to the caretakers of Rambagh Temple, Shri Ram Temple, Shri Mataji Temple and one Community Hall namely Beotra Hall on 10.12.2013. There were final notices issued to the aforesaid persons on 03.04.2014 for immediate removal of high frequency sound systems from their premises.
This has shown impact and the frequency regarding use of loudspeakers has decreased. Upon this Division Bench observed that Executive Magistrate Ist Class, Bishnah 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. And directed Executive Magistrate Ist Class, Bishnah has submitted that weekly report would be placed before this Court in the following fashion that in the first two weeks with the involvement of civil society and students awareness drive will be initiated in the town and other parts of Tehsil so that public at large can be convinced for the ill effects of noise pollutions and be encouraged minimal usage of such instruments. In the second two weeks with the active participation of public box speakers will be installed inside the premises of temples and other religious institutions, and encouraging other stakeholders for choosing box speakers instead of speakers on the walls and roof tops. In the whole period cases related with such nuisance will be monitored on daily basis by the Naib Tehsildars of Tehsil Bishanh, SHO Bishnah/Arnia and Executive Officer Municipality Bishnah/Arnia. Any complaint related to violations can be directly addressed to any of the above mentioned officers including answering respondent. In the final phase un-installation of heavy loudspeakers from the building tops will be initiated and other effective steps will be initiated."
Division Bench further observed that the aforesaid undertaking be complied with and wide publicity be given to the general public for filing complaints relating to violations to Naib Tehsildars, Bishnah, SHO Bishnah/Arnia and Executive Officer, Municipality Bishnah/Arnia.
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. Accordingly, COurt reiterate the directions and direct that the action taken report/ compliance reports shall be filed before the adjourned date; failing which Senior Superintendent of Police, Jammu and the District Magistrate, Jammu shall remain present in person. JNF |
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