'Pendency No Ground For Laxity': Chhattisgarh High Court Directs Strict Enforcement Of Existing Law During Pendency Of Noise Pollution Bill
The Chhattisgarh High Court has directed the State Government to continue strict enforcement of the existing statutory provisions and executive instructions regulating noise pollution, observing that pendency of the legislative process for the proposed Chhattisgarh Kolahal Niyantran Bill, 2026 cannot be construed as a ground for any laxity. The Court directed all concerned authorities to continue taking necessary, effective and preventive measures to ensure strict compliance with the existing law.
A Division Bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal was dealing with a suo motu public interest litigation concerning noise pollution based on a news report.
The Court considered a personal affidavit filed by the Principal Secretary, Home Department, noting that the State Government has undertaken substantial and concrete steps towards bringing a comprehensive legislative framework for regulation and control of noise pollution in the State.
The affidavit further disclosed that pursuant to the order of the Home Department dated 31.03.2026, a Draft Committee was constituted to prepare suitable amendments to the Chhattisgarh Kolahal Niyantran Adhiniyam, 1985. The Committee had finalised the draft Chhattisgarh Kolahal Niyantran Bill, 2026 in Hindi and English along with the necessary action taken report and supporting documents.
The Court also noted that after departmental processing, the proposal would be placed before the Council of Ministers and thereafter before the Legislative Assembly for enactment. It observed that the matter had progressed beyond the stage of preparation of draft amendments and was under active consideration at the appropriate administrative level.
In view of the substantial progress reflected in the affidavit, the Court granted further time to the State Government to complete the remaining administrative and legislative formalities and directed that the matter be listed after eight weeks for placing the latest status on record.
The Court, however, made it clear that pendency of the legislative process would not be a ground for any laxity in enforcing the existing law relating to noise pollution, and directed the State Government, District Administration, Police, Municipal Authorities and all other concerned agencies to continue taking necessary, effective and preventive measures,
“… pendency of the legislative process shall not be construed as a ground for any laxity in enforcing the existing statutory provisions and executive instructions governing regulation of noise pollution. The State Government… shall continue to take all necessary, effective and preventive measures to ensure strict compliance…,” the Court remarked.
The Court emphasized that particular care be taken to regulate loudspeakers, public address systems, sound amplifiers, firecrackers and other sources of excessive noise, especially during night hours and in silence zones, until the proposed legislation is brought into force.
Case Title: In Re: Suo Motu Public Interest Litigation Regarding Noise Pollution Based on News Item v. The Chief Secretary [WPPIL No. 88 of 2023]