Punjab-Haryana High Court
Satinder Singh vs State Of Punjab And Others on 6 March, 2024
Neutral Citation No:=2024:PHHC:032645
2024:PHHC:032645
258
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-39913-2022
Date of Decision:06.03.2024
Satinder Singh ...Petitioner
Vs.
State of Punjab and others ...Respondents
CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT
Present : Ms. Molly A. Lakhanpal, Advocate
for the petitioner.
Mr. Jasjit Singh, DAG, Punjab.
Mr. Naveen Sharma, Advocate
for respondent No.4.
N.S.SHEKHAWAT, J. (Oral)
1. The petitioner has filed the present petition under Section 482
of the Code of Criminal Procedure, 1971 with a prayer to direct the
respondents No.1 to 3 to ensure that the loud speakers are not used loudly by
respondent No.4.
2. A short reply by way of an affidavit of Deputy Superintendent
of Police, Sub-Division Payal, Police District Khanna, District Ludhiana has
been filed on behalf of the respondents No.1 and 3 and the same is taken on
record.
3. Learned State counsel submits that after issuance of the notice,
an inquiry was marked to the Deputy Superintendent of Police, Payal, who
further got the matter inquired from the Station House Officer, Payal. Apart
from that, the statement of respondent No.4 is recorded and he submitted
that the loud speakers were not used on high volume and they had not
violated the orders passed by the Government as well as this Court. He
further submits that a report (Anneuxre R-1/T) has been prepared by the Sub
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Neutral Citation No:=2024:PHHC:032645
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Divisional Magistrate, Payal and the relevant extract of the said report is as
under:
"After consideration of above said statement and report,
I have reached on this conclusion that no permission has been
obtained by Jagdev Singh, President, Gurudwara Sahib
Shaheedgarh Manager and Gurmat Parchar Sabha Majri,
Tehsil Payal, District Ludhiana from any authority for the use
of the loud speaker as per rule 5 of "The Noise Pollution
(Regulation & Control) Rules, 2000" and that the loud speakers
were being played at levels higher than the permissible limits.
As such, under rule 8.1 of "The Noise Pollution
(Regulation & Control) Rules, 2000" Jagdev Singh President,
Gurudwara Sahib Shaheedgarh, Mangement & Gurmat
Parchar Sabha, Village Majri, Tehsil Payal, District Ludhiana
is directed to immediately stop the use of loud speaker and that
loudspeaker be used only after obtaining complete permission
from the Authority and under permissible limits. In case of any
violation of this order, action will be taken against you under
Rule 6 of "The Noise Pollution (Regulation & Control) Rules,
2000" and under section 15 of "The Environment Protection
Act, 1986" as per law".
He further submits that respondent No.4 has already been
instructed to use the loud speakers as per the Rules. Even learned counsel
appearing for respondent No.4 has assured the Court that the loud speaker
shall not be used on high volume and they will not violate the orders issued
by the Government from time to time and the judgments passed by this
Court as well as Hon'ble Supreme Court.
4. In view of the statement made by the learned State counsel as
well as learned counsel for respondent No.4, no further directions are
required and the present petition is accordingly disposed off.
06.03.2024 (N.S.SHEKHAWAT)
M.Sikka JUDGE
Whether reasoned/speaking : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2024:PHHC:032645
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