Akshya Kumar Sarangi vs The State Of West Bengal & Ors
2023 Latest Caselaw 125 Cal/2

   ORDER                                                          OD - 6

                   IN THE HIGH COURT AT CALCUTTA
                  CONSTITUTIONAL WRIT JURISDICTION
                            ORIGINAL SIDE


                             WPO(P)/5/2022
                       AKSHYA KUMAR SARANGI
                              VERSUS
                  THE STATE OF WEST BENGAL & ORS.



BEFORE:
HON'BLE CHIEF JUSTICE PRAKASH SHRIVASTAVA

HON'BLE JUSTICE RAJARSHI BHARADWAJ Date: 13th January 2023.

APPEARANCE:

Mr. Srikanta Dutta, Advocate Ms. Rituparna Sarkar Dutta, Advocate ... for petitioner.

Mr. Amitesh Banerjee, Sr. Standing Counsel Ms. Ipsita Banerjee, Advocate ... for State of WB.

Mr. N.C. Bihani, Advocate Mr. Soumya Mukherjee, Advocate ... for WBPCB.

The Court:- Learned counsel for the petitioner has raised an issue of

noise pollution by loudspeakers in this public interest litigation. He has

referred to the direction of the Supreme Court in the matter of In Re: Noise

Pollution v. Union of India dated 18th July 2005 reported in AIR 2005 SC

3136 as also the judgment dated 28th October 2005 in Appeal (Civil) 3735

of 2005 in the matter of Forum, Prevention of Environment and Sound

Pollution v. Union of India and has submitted that requisite directions

restraining the unsolicited use of loudspeakers have already been issued

and the Centre has also framed the Noise Pollution (Regulation and

Control) Rules, 2000 and Rule 5 thereof relates to restrictions of use of

loudspeaker / public address system. His further submission is that

though the direction of the Supreme Court exists and requisite rules have

been framed, still, there is indiscriminate use of loudspeaker during the

religious festivals, cultural events and political gatherings. He has also

referred to the notification of the State Government dated 29th December

2009 fixing the limits of noise pollution in different areas. His submission

is that these rules, regulations and notifications have not been

implemented by the State Government.

Learned counsel for the State is directed to file the report in respect of

the implementation of the directions of the Hon'ble Supreme Court as also

the rules, regulations and notifications noted above. He is directed to

disclose in the said report the complaints so far registered against the

violators in the year 2022 within the municipal limits of Kolkata. Learned

counsel for the Pollution Control Board is also permitted to file the report.

Let the above reports in the form of affidavit be filed within four weeks

from today. Thereafter, exception, if any, be filed within one week.

List on 3rd March 2023.

[PRAKASH SHRIVASTAVA, C.J.]

[RAJARSHI BHARADWAJ, J.]

s.kumar