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Specify Steps Taken To Control Noise Pollution Through Two, Four Wheelers With Modified Silencers: Allahabad HC Asks UP Govt

Sparsh Upadhyay
11 Aug 2021 4:22 PM GMT
Specify Steps Taken To Control Noise Pollution Through Two, Four Wheelers With Modified Silencers: Allahabad HC Asks UP Govt
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The Allahabad High Court today asked the Uttar Pradesh Government to file an affidavit indicating the steps taken to control the menace of noise pollution generated through vehicles particularly two-wheelers and four-wheelers with modified silencers.The Bench of Justice Dinesh Kumar Singh and Justice Ritu Raj Awasthi has directed the State Government, DGP, UP, Chairman, State Pollution...

The Allahabad High Court today asked the Uttar Pradesh Government to file an affidavit indicating the steps taken to control the menace of noise pollution generated through vehicles particularly two-wheelers and four-wheelers with modified silencers.

The Bench of Justice Dinesh Kumar Singh and Justice Ritu Raj Awasthi has directed the State Government, DGP, UP, Chairman, State Pollution Control Board, and Deputy Commissioner of Police (Traffic), Lucknow to file their replies and posted the matter for further hearing on August 27.

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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