"Errors Must Be Corrected": Uttarakhand HC Modifies Its 2018 Judgment Setting Maximum Noise Limit For Loudspeakers [Read Order]

The sanctity to the finality of judicial orders should never deter a Court in correcting its plain errors, remarked Justice Sudhanshu Dhulia while allowing a plea seeking modification of a directive issued by the Uttarakhand High Court in its 2018 judgment setting maximum noise level for loudspeakers.The matter was heard by Justice Dhulia as the division bench of Chief Justice Ramesh Ranganathan and Justice Lok Pal Singh gave divergent views on the issue. The judge agreed with the reasoning given by the Chief Justice to allow the application.In the 2018 judgment, the state was directed to to ensure that no loudspeaker or public address system shall be used by any person including religious bodies in Temples, Mosques and Gurudwaras without written permission of the authority even during day time, that too, by getting an undertaking that the noise level shall not exceed more than 5dB(A) peripheral noise level. This direction has been now modified to read thus (modified portion in bold letters): The State Government is directed to ensure that no loudspeaker or public address system shall be used by any person including religious bodies in Temples, Mosques and Gurudwaras without written permission of the authority even during day time, that too, by getting an undertaking that the noise level shall not exceed by more than 5dB(A) peripheral noise level above the ambient noise standards specified for the area in which it is used at the boundaries of the private place".Explaining his own reasons for allowing the application, the Judge observed:Sound as we know is measured in decibel i.e. dB. Now just to put things in their right perspective, let us also understand that 5 dB(A) sound level is as good as silence. There is almost no sound. The drop of a needle makes a sound of 5 dB(A)! Normally human breathing makes a sound which is louder, which is 10 dB(A). 26. "The noise level shall not exceed more than 5 dB(A), peripheral noise level", are the directions. Can there be so much of a paradox in an order. No there cannot be, and there was none. It is simply an inadvertent error, and we quickly realize this when we study the entire judgment. The Court never intended to say that the noise level shall not exceed more than 5 dB(A); what was intended was that the noise level shall 22 not exceed by more than 5 dB(A) peripheral noise level above the ambient noise standards specified for the area. This is so because the limits of peripheral sound level have been prescribed under the Rules of Central Government known as "the "Noise Pollution (Regulation and Control) Rules, 2000". The noise level is given in the Schedule where the maximum noise level in a residential area is 55 dB(A) during day and 45 dB(A) during night and in the main body of the Rules it is permissible to increase this noise level by 5 dB(A) and when we read the entire judgment dated 19.06.2018, we realize that the directions given in the operative portion of the judgment is not in agreement with what has been discussed by the Division Bench in the body of the judgment. What was intended was that noise level should not be more than 5 dB(A) of the prescribed sound level and the prescribed level is 55 dB(A) during day and 45 dB(A) during night. It is 5 dB(A) increase in the sound level, and not 5 dB(A) limited sound level!Justice Dhulia observed that Justice Singh had rejected the application primarily on a technicality, as the Judge himself agreed that a review could have been maintainable."I would most respectfully state that it matters little how the matter came up before this Court. Whether it was clothed in the shape of a review or a mere application under Section 152 CPC is not relevant. The Rules of procedure are after all the handmaids of justice. Consequently when there is no doubt as to the powers of the Court in correcting an apparent error, correction must be done. The case was before this Court ultimately in a writ proceeding. The powers of review in a writ proceeding are inherent in Article 226, which must be exercised in appropriate cases as the Hon'ble Apex Court while exercising powers 32 of review also acts as a Court of equity, which is duty bound to correct its errors."The Court further observed:"The power to make corrections in an order or decree 'on its own motion' would mean powers which can be exercised 'sua sponte', i.e. on its own. The mere fact that there is an application too for such corrections is immaterial. Once the Court has an option to exercise powers sua sponte and it chooses to do that, that is the end of it. The fact that there is also an application before the Court by a party matters little. The Court here, we must not forget, is also a superior Court and a "Court of record". It has inherent powers and a duty to correct its records."In this regard, the judge quoted Lord Atkin has famously said, "finality is a good thing, but justice is better." He also referred to quotes of Justice Aharon Barak of Israel Supreme...

"Errors Must Be Corrected": Uttarakhand HC Modifies Its 2018 Judgment Setting Maximum Noise Limit For Loudspeakers [Read Order]

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