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Noise Pollution Through Modified Silencers- "Pained To See Half-Hearted Efforts Of State": Allahabad HC Calls For 'A Visible Change'
Sparsh Upadhyay
16 Sep 2021 3:16 PM GMT
Dealing with the suo moto matter regarding Noise pollution through the modified silencers, the Allahabad High Court on Tuesday noted that only half-hearted efforts have been made by the state authorities to control the noise pollution.The Bench of Justice Ritu Raj Awasthi and Justice Abdul Moin expressed a hope to see a visible change in the noise pollution by the next date of listing...
Dealing with the suo moto matter regarding Noise pollution through the modified silencers, the Allahabad High Court on Tuesday noted that only half-hearted efforts have been made by the state authorities to control the noise pollution.
The Bench of Justice Ritu Raj Awasthi and Justice Abdul Moin expressed a hope to see a visible change in the noise pollution by the next date of listing (September 22), failing which, the Court added, it may be compelled to summon the senior officials for having failed to adhere to the specific rules for checking noise pollution.
The Court observed thus after a perusal of the affidavit filed by the respondents, indicating that between July 28, 2021, to August 20, 2021, three checking squads were constituted and 1499 vehicles were challaned on account of modified silencer, pressure horn, and hooter.
However, terming it a 'half-hearted' effort, the Allahabad High Court observed thus:
"The menace of noise pollution through modified silencer is open for all to see with vehicles roaring on the streets of Lucknow i.e the state capital and also other cities throughout the state. If this is the effort made by the State authorities to control the noise pollution through modified silencer despite the specific order of this Court dated 20.07.2021 to crack down on noise pollution then prima facie it is apparent that the authorities concerned are acting in a lackadaisical and casual manner and no concerted efforts have been made to combat the menace."
In this view of the matter, the Court expected that the state authorities and the respondents shall strictly crack down on such two-wheelers and four Wheelers using modified silencers on their vehicles.
The Court has also asked the respondents may file a response to the suggestions given by the learned Amicus Curiae and has called for the personal affidavit from respondents no. 2 and 3 indicating the action taken by the authorities concerned regarding Court's order dated July 20, 2021.
Background of the matter
Comparing the menace of noise pollution with the legend of Hydra, the Allahabad High Court had, last month, 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 had 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 had further noted 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 also 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 had 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 had 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."
Case title - Noise Pollution Thru Modified Silencers (Suo Moto)(P.I.L.) v. State Of U.P. & Ors.
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