Uttarakhand High Court
WPPIL/39/2022 on 6 April, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
SRI JUSTICE S.K. MISHRA, A.C.J.
AND
SRI JUSTICE R.C. KHULBE, J.
6TH APRIL, 2022
WPPIL No. 39 OF 2022
Between:
Talib Hasan and another. ...Petitioners.
and
State of Uttarakhand and others. ...Respondents
Counsel for the petitioners. : Mr. Vivek Shukla, learned counsel.
Counsel for the respondents : Mr. K.N. Joshi, learned Deputy
Advocate General for the State of
Uttarakhand.
Upon hearing the learned Counsel, the Court made
the following
JUDGMENT : (per Sri S.K. Mishra, A.C.J.)
It is submitted by Mr. Vivek Shukla, the learned
counsel for the petitioners, that because of noise pollution
created by the loud-speakers attached to the domes of
mosques and temples in Village-Dhanpura, District-
Haridwar, normal life of people is being disturbed.
2. It is admitted by the parties that this Court in
an earlier decided PIL bearing WPPIL No. 112 of 2015
has decided the case, and on 19.06.2018 had passed the
following order:-
"i. The State Government is directed to ensure that
no loudspeaker or public address system shall be
used by any person including religious bodies in
Temples, Mosques and Gurudwaras without written
permission of the authority even during day time,
that too, by getting an undertaking that the noise
level shall not exceed more than 5dB(A) peripheral
noise level.
j. The State Government is directed to ensure that
the loudspeaker, public address system, musical
instrument and sound amplifier are not played
during night time except in auditoria, conference
rooms, community halls, banquet halls as per norms
laid down under the Noise Pollution (Regulation and
Control) Rules, 2000.
k. The State Government is directed to ensure that
loud speakers or public address systems are not
used except between 10.00 p.m. to 12.00 midnight
during any cultural or religious festive occasion of a
limited duration not exceeding 15 days in all during
a calendar year, that too, the noise level shall not
exceed 10dB(A) above the ambient noise standards
for the area. The peripheral noise level of a privately
26 owned sound system or a sound producing
instrument shall not, at the boundary of the private
place, exceed by more than 5dB(A). The authority
concerned shall keep on visiting and monitoring at
the public places, private places, auditoriums,
conference rooms, community halls, banquet halls,
temples, mosques and Gurudwaras to ensure due
compliance of the Rules.
l. We direct all the Senior Superintendents of
Police/Superintendents of Police to ensure that no
horn shall be used in silence zone or during the
night time between 10.00 p.m. to 06.00 a.m. in
residential areas except during public emergency.
No sound emitting construction equipments shall be
used or operated during the night time between
10.00 p.m. to 06.00 a.m. in residential areas or
silence zone.
m. The pressure horns are banned through the State
of Uttarakhand.
n. The violators of the Rules be penalized under the
Rule 6 of the Noise Pollution (Regulation and
Control) Rules, 2000.
o. All the Senior Superintendents of Police/
Superintendents of Police and Circle Officers are
directed to ensure that motorcycles throughout the
State of Uttarakhand are duly fitted with silencers to
avoid noise pollution and menace."
3. On the application filed by one of the mosques,
namely 'Jama Masjid, the direction (i) of the aforesaid
judgment was modified by this Court on 22.07.2020 as
follows:-
"i. The State Government is directed to ensure that
no loudspeaker or public address system shall be
used by any person including religious bodies in
Temples, Mosques and Gurudwaras without written
permission of the authority even during day time,
that too, by getting an undertaking that the noise
level shall not exceed by more than 5dB(A)
peripheral noise level above the ambient noise
standards specified for the area in which it is used at
the boundaries of the private place".
4. In that view of the matter, we also dispose of
the present writ petition by granting liberty to the
petitioner to file a properly articulated representation
before District Magistrate, Haridwar, within a period of
ten days hence, annexing a copy of this order, a copy of
the judgment passed in the WPPIL No. 112 of 2015, the
order passed in the Modification Application filed in WPPIL
No. 112 of 2015, and a copy of the brief. The learned
District Magistrate, Haridwar, then, after affording a
reasonable opportunity of hearing to the petitioner and
the representatives of both the faiths from Village
Dhanpura, shall take a decision within 21 days by passing
a speaking and reasoned order. If it is found that the
noise pollution created by the loud-speakers, so used by
the religious institutions, is violating the norms of noise
pollution standards, then appropriate order shall be
passed by the District Magistrate, Haridwar restraining
the religious institutions from crossing the noise barrier,
and also ensure a proper mechanism for implementation
of the directions issued by this Court in the judgment
mentioned above within a period of thirty days.
5. In sequel thereto, the interim relief application
also stands disposed of.
6. Urgent certified copy of this order be issued to
the parties, as per Rules.
________________
S.K. MISHRA, A.C.J.
____________
R.C. KHULBE, J.
Dt: 6th April, 2022
Rathour
