Tripura High Court
Shri Anal Roy Choudhury vs The State Of Tripura To Be Represented By ... on 25 September, 2024
Author: Arindam Lodh
Bench: Arindam Lodh
Page 1 of 2
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
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 Digitally signed by
SANJAY GHOSH
GHOSH 15:55:34 +05'30'
Date: 2024.09.26
