Calcutta High Court| Vigil to be maintained to prevent noise pollution in general; Sound levels to be within permissible limits

Calcutta High Court: Shampa Sarkar, J. disposed of a writ petition which was filed by an ailing, retired bank employee alleging that the police authorities have failed to take steps although several complaints were filed alleging indiscriminate use of loudspeakers and microphones by some persons in the locality, in which he resides. Allegation was of noise pollution caused due to blaring music from loudspeakers which do not have sound limiters.

It was submitted that such public nuisance must be prevented by the police.

The Court directed the Inspector-in-Charge to ensure that in the area under his jurisdiction, use of microphones, loudspeakers, all musical equipment’s and instruments, either for private use or for entertainment of the public, as well as at public meetings, should be regulated by the orders passed by the Supreme Court, High Court and National Green Tribunal. The Court emphasized that the guidelines must be followed, and restrictions must be imposed and further, the notification issued by the Principal Secretary to the Govt. of West Bengal, Department of Environment on 29-12- 2009, should be complied with.

The Court further directed that the sound level must be within the permissible limit/range. Loudspeakers, microphones and loud music shall not be allowed between 10:00 p.m. to 6 a.m. and a vigil shall be maintained in the locality to prevent noise pollution in general.

[Tarunmoy Modak v. State of West Bengal, 2022 SCC OnLine Cal 1948, decided on 11-07-2022]

Advocates who appeared in this case :

Ms Riya Das, Advocate, for the Petitioner;

Mr Subhabrata Datta, Mr Banibrata Datta, Advocates, for the State-Respondents;

Mr Debasis Sur, Mr Himadri Shekhar Paul, Mr Anshuman Patra, Advocates, for the Respondent 15.

*Suchita Shukla, Editorial Assistant has reported this brief.