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Allahabad HC Takes Suo Moto Cognizance Of Noise Pollution By Modified Silencers Specifically On 'Bullets'

Sparsh Upadhyay
20 July 2021 3:37 PM GMT
Allahabad HC Takes Suo Moto Cognizance Of Noise Pollution By Modified Silencers Specifically On Bullets
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Comparing the menace of noise pollution with the legend of Hydra, the Allahabad High Court today took suo moto cognizance of Noise pollution generated through modified silencers specifically Bullet Bikes and the other two wheelers. The Bench of Justice Abdul Moin observed that the problem of noise pollution is like the hydra where anyone who attempted to behead the Hydra found that...

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Comparing the menace of noise pollution with the legend of Hydra, the Allahabad High Court today took suo moto cognizance of Noise pollution generated through modified silencers specifically Bullet Bikes and the other two wheelers.

The Bench of Justice Abdul Moin observed that the problem of noise pollution is like the hydra where anyone who attempted to behead the Hydra found that as soon as one head was cut off, two more heads would emerge from the fresh wound, so much so that the destruction of the Hydra became one of the 12 Labours of Hercules.

The Court also referred to a pending PIL wherein the Court had taken a note of the noise pollution being caused by the loudspeakers and observed that the State Government had come out with an order for controlling the blatant misuse of loudspeakers.

However, the Court further remarked that as soon as the menace of sound pollution through loudspeakers was somewhat controlled, the Hydra of noise pollution again reared its ugly head.

The Court went on to note that now the noise pollution is being experienced through the modified mufflers on the silencers of two-wheelers more particularly Bullets and other new era two-wheelers which are speeding on the streets of the State capital.

The Court took into account the tendency of the vehicle riders to modify the noise mufflers/silencers so much so that a vehicle being driven can be heard hundreds of meters away whereby causing immense discomfort to the old, aged, and infirm persons as well as the young children and other persons who may require silence

Here it is important to note that modifying the silencer of the two-wheeler or driving vehicle by removing or altering the noise muffler is punishable under the provisions of Section 190 (2) of the Motor Vehicles Act, 1988.

Further, referring to the Noise Pollution (Regulation and Control) Rules, 2000, the Court observed that a mandate is placed on the State Government to take measures for abatement of noise including noise emanating from vehicular movements.

However, the Court further remarked:

"Once the authorities have not cared to look into the matter, it is for this Court to take notice of the noise pollution being caused through the vehicles and thus this Court takes notice of the aforesaid noise pollution."

Lastly, the Additional Chief Standing counsel was directed to assist the Court in the matter a and the office was asked to register the matter as a Public Interest Litigation in the matter of " Noise pollution through modified silencers (Suo moto) (P.I.L) Vs. State of U.P and Ors.

Further, the State authorities have been asked to look into the matter and take strict action in accordance with law and crack down on such vehicles causing pollution through modified silencers and listed the matter for hearing after 3 weeks on August 10.


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