'Personally We Are All Victims To This': Gujarat HC Remarks In Plea Against Violation Of Noise Pollution Norms, Orders Framing Of Policy

The Gujarat High Court on Wednesday (March 5) issued notice on a plea alleging wilful disobedience of the directions issued by the high court, the Supreme Court as well as December 2019 notification concerning the issue of noise pollution.

While listing the matter after four weeks, the court directed the respondent authorities to formulate a policy or mechanism for implementation of directions issued by the court as well by the Supreme Court and also implement the rules and regulation governing noise pollution.

A division bench of Justice AS Supehia and Justice Nisha M Thakore issued notice to respondents no. 2 (principal secretary forests and environment department), 3 (Gujarat Pollution Control Board), 4 (Commissioner of Police Ahmedabad) and 6 (Municipal Commissioner, Ahmedabad Municipal Corporation) and listed the plea after four weeks.

The court noted the contentions of petitioner Amit Panchal who argued that despite directions issued by coordinate bench in its March 4, 2024 order in a 2022 PIL on the issue, thedirections issued by the Supreme Court in Noise Pollution (V) in Re Vs. Union of India and another (2005) as well as a December 3, 2019 notification read with relevant rules, the respondent authorities are not implementing the same. Panchal said that the notification prohibits sale or use of any sound systems used in public without installation sound limiters. 

He further pointed to news reports to argue that because of blatant violation of the law, the children–appearing for examinations including the board exams, the elderly and ailing persons are becoming victims of the noise pollution which is being committed by few handful of persons by playing loud speakers, woofers etc. Panchal said that he has the locus to file the application for implementation of directions issued by this court and the supreme court. 

Issuing notice to the respondent authorities the court said, "meanwhile the respondents are directed to formulate a policy or mechanism for implementation of directions issued by this court as well directions issued by the Supreme Court and also implement the rules and regulation governing noise pollution". 

The plea claims that the court in its March 2024 order had asked the authorities to explain how it will ensure strict compliance of Notification issued by the Gujarat Pollution Control Board on December 3, 2019 for effective control of Noise Pollution in the entire State with immediate effect (viz., from 03.12.2019) and the said Notification has been issued as addendum to Rule 5, meaning that the said Notification has statutory flavour.

"The said Notification is issued in exercise of power conferred by Rule 5(3) of the Noise Pollution (Regulation and Control) Rules 2000, issued under the Environment (Protection) Act, 1986, which prohibits sale/sale usage of any of the sound systems used i n the public address system without installation/retrofitting of sound limiters). The Application has been also been filed with regard to statutory compliance of The Noise Pollution (Regulation and Control) Rules, 2000, Air (Prevention and Control of Pollution) Act, 1981 and in contravention of the observations and directions of the Honourable Supreme Court of India in the case of Noise Pollution (V) in Re Vs. Union of India and another, reported in (2005) 5 SCC 733 which are binding under Article 141 of the Constitution of India," the plea states. 

During the hearing the court had orally remarked, "Personally we are all victims to all this. And I have personally in my case have informed the authorities to do the needful because it is absolutely nerve wrecking". 

Case Title: AMIT MANIBHAI PANCHAL v/s KAIVAN M. DASTOOR & ORS

R/MCA/649/2025 in R/WPPIL/101/2022