Chattisgarh High Court
Chhattisgarh Nagrik Sangharsh ... vs Dr. S. Bharathi Dasan on 1 April, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CONT No. 164 of 2020
1. Chhattisgarh Nagrik Sangharsh Samiti, Registered Office- F-8, Pink
City, New Gayatri Nagar, Raipur, Through Its Chairman-Vishawajeet
Mitra, S/o- Late R.N. Mitra, Aged About- 56 Years, R/o- F-8, Pink City,
New Gayatri Nagar, Raipur, Chhattisgarh., District : Raipur,
Chhattisgarh
2. Vishawajeet Mitra S/o- Late R.N. Mitra Aged About 56 Years R/o- F-8,
Pink City, New Gayatri Nagar, Raipur, Chhattisgarh., District : Raipur,
Chhattisgarh
3. Dr. Rakesh Gupta S/o- Sardari Lal Gupta Aged About 58 Years R/o-
R.C. Tower, First Floor, E N T Hospital, New Bus Stand, Raipur,
Chhattisgarh., District : Raipur, Chhattisgarh
4. Ram Narayan Vyas S/o- Late H.N. Vyas Aged About 51 Years R/o- H-
24, Vivekanand Nagar, Pension Bada, Raipur, Chhattisgarh., District :
Raipur, Chhattisgarh
5. Nauman Akram Hamid S/o- Late Amir Hamid Aged About 56 Years
R/o- 7/379, Baijnath Para, Opposite Mushima Hall, Raipur,
Chhattisgarh., District : Raipur, Chhattisgarh
6. Harjeet Singh Juneja S/o- Late Inder Singh Juneja Aged About 58
Years R/o- Behind Hotel Giriraj, Station Road, Raipur, Chhattisgarh.,
District : Raipur, Chhattisgarh
7. Sharad Shukla S/o- Shri R.K. Shukla Aged About 55 Years R/o- 291,
Sunder Nagar, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
8. Hemant Baid S/o- Shri Uttam Chand Baid Aged About 51 Years R/o-
Hanuman Mandir Gali, Tatyapara Chowk, Raipur, Chhattisgarh.,
District : Raipur, Chhattisgarh
9. Manish Khaitan S/o- Bhagwati Prasad Khaitan Aged About 52 Years
R/o- Pearl 404, Green Meadows, Daldal Seoni, Raipur, Chhattisgarh.,
District : Raipur, Chhattisgarh
10. Amitabh Dixit S/o- Late Seetacharan Dixit, 30/97, Dixit Complex,
Baijnath Para, Raipur, Chhattisgarh.
11. Byas Muni Dwivedi S/o Shri Indra Bhan Dwivedi Aged About 42 Years
R/o. L I G-93, Dhansuli Housing Board Colony, Dhansuli, Post-
Nardha, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
---- Petitioners
Versus
1. Dr. S. Bharathi Dasan Collector, Raipur, Collectorate Kutchery Chowk,
Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
2. Arif H. Sheikh Superintendent Of Police, Raipur, Collectorate,
Kutchery Chowk, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh
----Respondents
For Petitioners : Ms. Aditi Singhvi, Advocate
For Respondents : Mr. Chandresh Shrivastava, Advocate
Hon'ble Mr. Justice P. Sam Koshy
Hon'ble Mr. Justice Parth Prateem Sahu
Order on Board
01/04/2022
Per, Hon'ble Mr. Justice P. Sam Koshy
1. The instant contempt petition has been filed alleging non-compliance
on the part of the respondents, so far as the direction given by the
Division Bench of this Court in WP(PIL) No. 112/2016.
2. The contempt is said to have been made against the two orders dated
06.12.2016 & 27.04.2017. The matter primarily pertains to the Noise
Pollution in the State of Chhattisgarh. The Division Bench initially on
06.12.2016 had issued elaborate directions to the respondent
authorities particularly the officials of the State Government to take
necessary steps to ensure curtailment of Noise Pollution to the
minimal. Thereafter when the matter was came up for hearing on
27.04.2017, the Division Bench finally disposed of the writ petition,
keeping in view the judgment of the Hon'ble Supreme Court in the
case of "Noise Pollution (V), in Re" 2005 (5) SCC 733.
3. The State Government has recently filed an additional reply in
addition to their earlier reply that they have filed. That in the additional
reply that the State has filed on 25.03.2022, they have elaborately
spelled out as to how the order passed by this Court, so far as
curtailment of Noise Pollution is concerned, is being effectively
pursued by the respondent authorities. The respondent authorities
have further brought on record various directions and instructions
issued by the State Government as also by the District Administration
as regards the steps taken. so far as the use of loudspeakers, DJs
and other sound systems causing Noise Pollution including the
pressure horns being installed in various vehicles.
4. The State Authorities have further given an undertaking that they
would still make all further endeavors to ensure that the two orders
passed in WP(PIL) No. 112/2016 dated 06.12.2016 & 27.04.2017
shall be honored and complied with in its letter and spirit.
5. Learned counsel for the petitioners at this juncture submits that one of
the biggest problems that the citizens of the State is facing is the use
of loudspeakers and vehicles for the purpose of celebrations for trivial
reasons. At times these celebrations are during the peak examination
season.
6. The Learned Additional A.G. appearing for the respondents submits
that necessary steps are being taken to ensure that such vehicles are
immediately seized. Difficulty with the State Authorities find is that
there is no proper reporting and at a time it is left unattended and in
the event if the State Authorities noticed in respect of any such use at
any point of time, appropriate action shall be promptly taken without
fail attending to the directives given by the Division Bench of this
Court.
7. This Bench at this juncture would only like to add-on and suggest that
the State Government should come up with a policy whereby
sufficient awareness drive is brought to the notice of the general
public at large with sufficient numbers of contact numbers of the
concerned authorities dealing with the issue, so that the general
public at time can straight away call upon the authorities. Upon which
the authorities should immediately take action. Learned Additional
Advocate General undertakes that necessary steps in this regard
would be discussed at the local administration level and shall be
taken care of.
8. With the aforesaid observations and directions, the contempt petition
as of now stands disposed of. The respondents are expected to
ensure that the directions given by this Court shall be further adhered
to, in its letter and spirit in future as well.
Sd/- Sd/-
(P. Sam Koshy) (Parth Prateem Sahu)
Judge Judge
Ved
