Public Interest Litigation Writ Petition No.11 of 2013

9th April, 2014

Petitioner Counsel: Mr. NIGEL DA COSTA FRIAS
Respondent Counsel: Mr. A.N. S. NADKARNI, Mr. NIKHIL PAI, Mr. H.D. NAIK, Mr. A.D. BHOBE, Ms. NEELAM PATIL, Mr. A. LOBO

Cases Cited:
Shri Sugan Chand Aggarwal alias Bhagatji Vs. Govt. of NCT of Delhi and others, AIR (2001) Delhi 455 (D.B.) [Para 4]
P.A. Jacob Vs. Superintendent of Police, Kottayam, AIR (1993) Kerala 1 [Para 4]
Forum, Prevention of Environmental & Sound Pollution Vs. Union of India & anr., 2006(1) ALL MR 248 (S.C.)=(2005) 5 S.C.C. 733 [Para 6]

JUDGMENT

F. M. REIS, J. :- Heard.

Rule. Rule made returnable forthwith.

2. The above Public Interest Litigation, came to be filed by the Petitioners, inter alia, on the ground that they are affected by the noise pollution caused by the Respondent nos. 7 to 12 at their respective premises at the addresses mentioned in the cause title. It is their case that the said Respondents are carrying on their business of Bar and Restaurant in the premises at St. Michael Vaddo in Anjuna. It is further their case that the activities are unauthorised and that they are carrying out business from the shacks located therein which are owned by them and are illegally constructed in contravention of the CRZ Notification. It is further their case that there are late night loud music parties organised in the said premises thereby the residences in the vicinity of the said premises and the Senior Citizens and families are affected on account of the loud nerve wrecking and horrific music played unabated all throughout the night. Such parties are also being advertised from time to time by the said Respondents. It is further their case that the Petitioner nos. 2 to 17 have been persistently bringing to the notice of the authorities about the said illegalities and no action is being taken to control or stop such activities. It is further their case that Suo Motu Writ Petition was registered being 4 of 2006 which was disposed of in terms of the Minutes of the Order dated 21.03.2007 filed by the parties, whereby a committee comprising of Government Officials and citizens was formed with a view to contain noise pollution. As such, the Petitioners have filed the above Writ Petition in Public Interest essentially on the ground that Respondent nos. 1 to 6, who are the authorities, have failed to take action against the violations and thereby failed to discharge their statutory duty. The Respondent no. 13 filed an affidavit putting on record the decisions of the Respondent no. 13-Panchayat, in respect of the applications filed by the Respondent nos. 7 to 12 for the renewal of No Objection Certificate to operate the Restaurant in terms of the directions in the Order dated 07.03.2013.

3. From time to time, directions were being issued in the Writ Petition and we find that the State Government has brought on record various measures to curb the menace of noise pollution as enumerated in the affidavits filed on behalf of the State Government. The records further reveal that the Goa Police Department has also taken measures to ensure that the noise pollution caused in the State of Goa is minimized as directed by the Apex Court and by this Court. Meetings of the shack owners operating in the jurisdiction of the coastal areas of the concerned Police Station are regularly held to brief such owners of the menace of noise pollution and the briefing of the existing laws. Measures are also taken by the Superintendent of Police to maintain continuous patrolling in the areas where the violations of noise pollution laws regularly are reported . There are measures also taken by the concerned authorities for continuous night patrolling by LIB, Beat Staff, Sub-division Night Duty Officers to ensure that there is no noise pollution. There are also patrolling mobile vans and motorcycles (Robot and Robin) during the night time by the concerned authorities and regular reports are called by the office of Director of Police from the office of the Superintendent of Police, North Goa, as well as South Goa, pertaining to the violation of the noise pollution. Establishments which were found to repeatedly violate the noise pollution laws are not issued NOC by the concerned SDPOs for playing music in their establishment. There is a system in place also to verify the complaints received which are immediately attended to if found genuine. The State Government has also constituted a noise pollution monitoring committee and the members therein comprise of respectable residents from the coastal areas along with enforcement authorities who are appointed in view of the Order dated 23.12.2013 passed by this Court in the above Writ Petition. Furthermore, such members form part of the surprise visits carried out by the enforcement authorities as also the member are welcome to join the enforcement authorities in patrolling the coastal areas during the night. The above steps have been enumerated in details in the affidavit dated 23.12.2013 filed by the Respondent no. 4, who is the Superintendent of Police, North Goa. The above measures are stated to be in addition to the creation of the flying squad for monitoring cases of noise pollution. Each flying squad has been constituted at Sub-divisional levels with Officers from different Departments being part of such squads to create an effective team to curb the menace of noise pollution along with dedicated helpline (four digit number and toll free). The said decisions are more particularly specified in the affidavit dated 12.09.2013 of Respondent no. 2 (Collector and District Magistrate, North Goa).

4. Environment is an aggregate of all external conditions and influences affecting the life and development of an organism. Once it is disturbed, no better living conditions for human beings can be created. Hence to make the enjoyment of life more meaningful, the preservation and protection of natural environment must be given priority and the human activities causing ecological imbalances must be stopped. Noise may be safely defined as unwanted sound. Noise Pollution can be divided into two categories viz natural and man-made. Natural causes of noise pollution are air, noise, volcanoes, seas, rivers, etc. Some of chief causes of man made noise pollution are machines and modern equipment of various types automobiles, trains, aeroplanes, use of explosive, bursting of firecracker and other things leading to noise pollution. Noise affects human life in many ways. It affects sleep, hearing, communication and mental and physical health and finally the peace of living. As such, noise not only causes irritation or annoyance but it does also constrict the arteries, and increases the flow of adrenaline and forces the heart to work faster, thereby accelerating the rate of cardiac ailment. The reason being that continuous noise causes an increase in the cholesterol level resulting in permanent constriction of blood vessels, making one prone to heart attacks. In this connection, two decisions with regard to the noise pollution delivered by the High Courts can be taken note of wherein the right to live in an atmosphere free from noise pollution is held to be the one guaranteed by Article 21 of the Constitution of India. These decisions are Free Legal Aid Cell Shri Sugan Chand Aggarwal alias Bhagatji v. Govt. of NCT of Delhi and others, AIR (2001) Delhi 455 (D.B.) and P.A. Jacob v. Superintendent of Police, Kottayam, AIR (1993) Kerala 1.

5. The reality of controlling noise pollution on the ground remains sometimes unchanged which forced the Petitioners to file the present Petition in public interest. Only the People's movement might bring about a change and it is time for the people to take this challenge. The issue of environment must be integrated as a multidisciplinary study and comprehensive steps have to be evolved to deal with noise pollution. Effect of noise on health is a matter which has not yet received full attention.

6. The Apex Court in the judgment reported in (2005) 5 S.C.C. 733 : [2006(1) ALL MR 248 (S.C.)] in the case of Forum, Prevention of Environmental & Sound Pollution vs. Union of India & anr. while observing that noise is an atmospheric pollution and is shadowy public enemy whose growing menace has increased in the modern age of industrialisation and technology advancement, has issued directions at para 174 of the said Judgment by observing at paras 169, 170 and 171 thus :

"169. Not only the use of loudspeakers and playing of hi-fi amplifier systems has to be regulated, even the playing of high sound instruments like drums, tom- toms, trumpets, bugles and the like which create noise beyond tolerable limits need to be regulated. The lawenforcing agencies must be equipped with necessary instruments and facilities out of which sound level meters conforming to the Bureau of Indian Standards (BIS) code are a bare necessity.

170. Preventive measures need to be directed more effectively at the source. To illustrate, horns which if fitted in automobiles would create a honking sound beyond permissible limits, should not be allowed to be manufactured or sold in the market, as once they are available they are likely to be used.

171. Loudspeakers and amplifiers or other equipment or gadgets which produce offending noise once detected as violating the law, should be liable to be seized and confiscated by making provision in the law in that behalf."

7. Considering the said aspects, we find that the State Government has taken some measures to eradicate noise pollution by taking different measures as referred to in the affidavit dated 23.12.2013 also involving the citizen of the locality. In such circumstances, we dispose of the above Writ Petition by directing the Respondent nos. 2 to 6 to ensure that the Noise Pollution (Regulation and Control) Rules, 2000, are strictly implemented in the manner referred to in the affidavits and as stated herein above. The said Respondents shall also comply with all the measures referred to in the affidavit dated 23.12.2013 as well as in the affidavit dated 12.09.2013, referred to herein above. All measures undertaken by the Respondents as listed in para 3 of the affidavit dated 23.12.2013, by the Superintendent of Police, shall continue herein after. The authorities shall also deal severely with the establishments who do not comply with the requirements of the said provisions of law as well as the habitual offenders. The patrolling and the Committee should remain in place to ensure that the law regulating noise pollution is duly complied with.

8. Rule stands disposed of in the above terms. Needless to say, the parties are at liberty to apply in case such action arises in future.

Ordered accordingly.