Shri Anal Roy Choudhury v. The State of Tripura and 6 Ors

ORDER

25.09.2024

This Public Interest Litigation has been preferred to for a direction upon the respondents to ensure regulation of Noise Pollution under the Noise Pollution Regulation and Control Rules, 2000 framed under the Environment (Protection) Act, 1986. The petitioner apprehends rise in decibel

levels during the ensuing Durga Puja. Such matter has also been reported in newspapers.

Learned senior counsel for the petitioner has referred to a judgment rendered by a Co-ordinate Bench of this Court in WP(C)(PIL) 03 of 2013 dated 20.01.2014 whereby a host of directions were issued to implement the provisions of the Noise Pollution Rules in the State. Learned senior counsel has submitted that once again during the ensuing Sharadiya Durgotsav & Diwali the level of noise pollution is likely to rise to alarming and hazardous proportions due to the blatant use of public announcement systems, loudspeakers, DJs and bursting of fire crackers emanating sound much beyond the permissible decibel level which impair not only the life of the ordinary citizens but also in violation of statutory provisions framed under the Environment (Protection) Act, 1986. Therefore, the petitioner has approached this Court.

Learned Advocate General appears for all the respondents including the State Pollution Control Board. He assures that compliance of the statutory provisions by the Statutory authorities, shall be strictly enforced taking into account the judgment passed earlier by this Court on this subject.

Upon hearing learned counsel for the parties, instead of passing a fresh set of directions on the same issue, we deem it proper to reiterate the responsibilities of the concerned statutory authorities to strictly enforce the provisions of the Noise Pollution Control Rules and other statutory enactments dealing with this menace which is likely to affect the general populace of this State especially during the ensuing Sharadiya Durgotsav & Diwali festival.

The respondents are therefore obliged to carry out the directions passed by this Court in WP(C)(PIL) No.03 of 2013. Violations, if any, are likely to be dealt with in a strict manner.

With these observations, the instant PIL stands disposed.

(ARINDAM LODH, J) (APARESH KUMAR SINGH, CJ)

Snigdha SANJAY GHOSH Date: 2024.09.26 15:55:34 +05'30'

HIGH COURT OF TRIPURA AGARTALA WP(C)(PIL) No.06 of 2024 Shri Anal Roy Choudhury, S/o: Lt. Sukumar Roy Choudhury, R/o: Melarmath, HGB Road, P.O: Agartala, P.S: West Agartala, District: West Tripura, Pin-799001. ….Petitioner(s) Versus 1. The State of Tripura to be represented by the Chief Secretary, Government of Tripura, New Secretariat Complex, P.O: Kunjaban, P.S.: New Capital Complex, District-West Tripura, Pin-799006. 2. The Secretary, Department of Home, Government of Tripura, New Secretariat Complex, P.O: Kunjaban, P.S: New Capital Complex, District: West Tripura, Pin:799006. 3. The Director General of Police, Tripura, having office at Police Head Quarters, Fire Brigade Chowmohani, P.O: Agartala, P.S: West Agartala, District-West Tripura, Pin-799001. 4. The District Magistrate & Collector, West Tripura District, P.O: Agartala, P.S: West Agartala, District: West Tripura, Pin-799001. 5. The Superintendent of Police, West Tripura District, Police Head Quarters, Fire Brigade Chowmohani, P.O: Agartala, P.S: West Agartala, District-West Tripura, Pin-799001. 6. The Secretary, Department of Science, Technology & Environment, Government of Tripura, Vigyan, Prajukti O Parivesh Vhawan, Gorkhabasti, P.O: Kunjaban, Agartala, District-West Tripura, Pin-799006. 7. The Chairman, Tripura State Pollution Control Board, Government of Tripura, Pandit Nehru Complex, Gorkhabasti, P.O: Kunjaban, Agartala, District-West Tripura, Pin-799006. ….Respondent(s) For Petitioner(s) : Mr. Subrata Sarkar, Sr. Advocate Ms. Ayesha S. Hirawat, Advocate Ms. Piyali Chakraborty, Advocate Mr. K.D. Singha, Advocate For Respondent(s) : Mr. S.S. Dey, Advocate General Mr. Kohinoor N. Bhattacharyya, G.A. Ms. A. Chakraborty, Advocate HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE ARINDAM LODH