MP High Court Expresses Dissatisfaction With State's Response On Action Against Noise Pollution Violators In Indore, Seeks Report

The Madhya Pradesh High Court has directed the State Government to file an affidavit detailing the action taken against persons responsible for noise pollution and to disclose the steps taken by the Indore District Magistrate to ensure compliance with Section 18 of the Madhya Pradesh Kolahal Niyantran (Noise Control) Act, 1985. [2026 LiveLaw (MP) 295]A Division Bench of Justice Subodh Abhyankar and Justice Alok Awasthi observed that it was not satisfied with the State's response regarding measures taken to curb noise pollution. It observed,"Although it is stated that appropriate actions are being taken against the persons responsible for causing pollution, however we are not satisfied with the answers given by the concerned persons. Therefore, we direct them to file appropriate reply along with the affidavit as to what action has been taken by them against the persons responsible for causing pollution and what else can be done. Counsel for the State is also directed to incorporate in the reply as to what action the District Magistrate has taken for the compliance of Section 18 of the M.P. Kolahal Niyantran Adhiniyam, 1985. List the matter in the week commencing 17.8.2026". The development comes in a petition filed by a social activist alleging that unchecked noise pollution in Indore violates the fundamental right to life under Article 21 of the Constitution, including the right to peaceful sleep. It was contended that excessive noise particularly affects elderly persons, children and individuals suffering from chronic illnesses.According to the petitioner, loudspeakers are routinely operated from 6 a.m. till midnight and, at times, beyond, in violation of statutory restrictions, while the authorities have failed to take effective enforcement measures.The petition referred to orders issued by the District Magistrate regulating the use of loudspeakers and highlighting their harmful effects, as well as the Noise Pollution (Regulation and Control) Rules, 2000. It was alleged that despite these directions, recurring violations continue and the authorities have failed to ensure effective implementation.The petitioner further alleged that high-decibel sound systems are freely available for sale and rent, with no regulatory measures to prevent the commercial supply of equipment capable of exceeding permissible noise limits. This, it was contended, has significantly contributed to increasing noise pollution across the city.It was also submitted that marriage processions and other public events frequently obstruct public roads, resulting in prolonged traffic congestion and excessive noise.Relying on the Madhya Pradesh Kolahal Niyantran Adhiniyam, 1985, the petitioner submitted that the statute regulates the use of loudspeakers, prohibits their operation during prescribed hours and empowers authorities to seize equipment used in violation of the law. However, these statutory provisions, according to the petitioner, are not being effectively enforced.Case Title: Amitabh Upadhyay v State of Madhya Pradesh, WP-25397-2023Citation: 2026 LiveLaw (MP) 295For Petitioner: Advocate Abhinav DhanodkarFor State: Government Advocate Pradyumna KibeFor MP Pollution Control Board: Advocate Shrey Raj SaxenaClick here to read/download the OrderCitation: 2026 LiveLaw (MP) 294

MP High Court Expresses Dissatisfaction With State's Response On Action Against Noise Pollution Violators In Indore, Seeks Report

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MP High Court Expresses Dissatisfaction With State's Response On Action Against Noise Pollution Violators In Indore, Seeks Report

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