TMI Blog2014 (11) TMI 1205X X X X Extracts X X X X X X X X Extracts X X X X ..... for at the instance of citizen when these rights are violated by fellow citizens or by any State agency. Appeal allowed in part. - Civil Appeal No. 10024 of 2014 (Arising out of S.L.P. (C) No. 24317 of 2013) - - - Dated:- 7-11-2014 - F.M. Ibrahim Kalifulla and Abhay Manohar Sapre, JJ. For Appellant: V. Sivasubramanian and Mohan Kumar, Advs. For Respondents: Rajeev Kumar Singh and Ruchi Kohli, Advs. JUDGMENT Abhay Manohar Sapre, 1. Leave granted. 2. This appeal arises out of an order dated 21.05.2013 passed by the Division Bench of the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur in D.B. Civil Special Appeal (Writ) No. 378 of 2013 which arises out of an order dated 25.02.2013 passed by the learned Single Judge in S.B. Civil Writ Petition No. 2273 of 2013. 3. By impugned order, the Division Bench disposed of the appeal filed by the Appellant herein in the light of the assurance given by the State to settle the controversy raised by the Appellant in the writ petition/appeal. 4. Dissatisfied with the impugned order, the Appellant has filed this appeal by way of special leave be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly and peacefully inside the house or do any work due to constant noise pollution nor were in a position to come out of their house due to constant fear of insecurity and restrictions put by the State. 11. The Appellant was one of the most affected persons whose living in his house had become impossible due to these activities and finding no solution to the problem faced, compelled him to first approach the Commissioner of Police and make an oral complaint but finding that no action was taken, filed a written complaint on 21.11.2011 (Annexure P-1). 12. In the complaint, the Appellant narrated the aforementioned grievances in detail and requested the Commissioner of Police to take immediate effective remedial steps to prevent such events. 13. Since the Commissioner of Police did not take any action on the complaint, the Appellant, on 06.03.2012, filed a complaint before the National Human Rights Commission (NHRC), New Delhi under the provisions of the Human Rights Commission Act, 2005 (hereinafter referred to as the Act ). The NHRC forwarded the Appellant's complaint to the Rajasthan State Human Rights Commission (RSHRC) for taking appropriate action ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Additional Advocate General in his submissions before this Court would be implemented strictly. 17. The Appellant, felt aggrieved, filed intra court appeal before the Division Bench of the High Court out of which this appeal arises. The Division Bench, by impugned order, more or less on the same lines on which the learned Single Judge had disposed of the writ petition, decided the Appellant's appeal. 18. The Division Bench in the concluding part of their order observed as under: In view of that assurance extended on behalf of the State Government, the learned single Judge has already reached the conclusion that the directions issued by the Human Rights Commission, Rajasthan in its order dated 24.9.2012, have substantially been complied with. At this stage, the Division Bench of this Court cannot give further direction in the appeal. The State Government obviously shall also comply with such order and act in conformity with assurance given before the single Bench and take special care to ensure that peace and quiet of the Petitioner, living in his residential house at Jyoti Nagar locality in proximity to Vidhan Sabha is not unduly disturbed. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing anyone's personal or/and property rights gives him a cause of action/right to seek remedial measures in Court of law against those who caused such nuisance to him and further gives him a right to obtain necessary reliefs both in the form of preventing committing of nuisance and appropriate damages/compensation for the loss, if sustained by him, due to causing of such nuisance. (See-Ratanlal Dhirajlal-Law of Torts by G.P. Singh-26th Edition pages-621, 637, 640). 22. We may, at this stage, consider apposite to take note of law laid down by this Court in Noise Pollution (V), In Re-Implementation of the Laws for restricting use of loudspeakers and high volume producing sound systems, (2005) 5 SCC 733, as in our considered view, it has a material bearing over the issue, which is the subject matter of this appeal. 23. This Court while entertaining the PIL filed by one Organization called Forum, Prevention of environmental and sound pollution had the occasion to examine the issue in relation to nuisance of noise pollution caused to the people at large due to use of equipments/apparatus/articles etc. The noise pollution caused generates different kinds of sounds ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 6. Firecrackers for the purpose of export may be manufactured bearing higher noise levels subject to the following conditions: (i) the manufacturer should be permitted to do so only when he has an export order with him and not otherwise; (ii) the noise levels for these firecrackers should conform to the noise standards prescribed in the country to which they are intended to be exported as per the export order; (iii) these firecrackers should have a different colour packing, from those intended to be sold in India; (iv) they must carry a declaration printed thereon something like not for sale in India or only for export to country AB and so on. (ii) Loudspeakers 175. 1. The noise level at the boundary of the public place, where loudspeaker or public address system or any other noise source is being used shall not exceed 10 dB(A) above the ambient noise standards for the area or 75 dB(A) whichever is lower. 2. No one shall beat a drum or tom-tom or blow a trumpet or beat or sound any instrument or use any sound amplifier at night (between 10.00 p.m. and 6 a.m.) except in public emergencies. 3. The peripheral noise level of privately- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id directions were issued by this Court on 18.07.2005 for ensuring compliance by all the States but it seems that these directions were not taken note of much less implemented, at least, by the State of Rajasthan in letter and spirit with the result that the residents of Jaipur city had to suffer the nuisance of noise pollution apart from other related peculiar issues mentioned above so far as the Appellant's case is concerned. 26. Needless to reiterate that once this Court decides any question and declares the law and issues necessary directions then it is the duty of all concerned to follow the law laid down and comply the directions issued in letter and spirit by virtue of mandate contained in Article 141 of the Constitution. 27. In our considered view, in the light of the authoritative pronouncement rendered by this Court on the issue of noise pollution in the case of Noise Pollution (V), In Re (supra), it is not necessary for this Court to again deal with the same issue except to issue appropriate directions for its compliance. 28. We, accordingly, direct the Respondents to ensure strict compliance of the directions contained in Para 174 to 178 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on, inter alia, casts a duty on the State and their authorities to ensure that every citizen's cherished rights guaranteed to him under the Constitution are respected and preserved, and he/she is allowed to enjoy them in letter and spirit subject to reasonable restrictions put on them, as dreamt by the framers of the Constitution. Intervention of the Court is called for at the instance of citizen when these rights are violated by fellow citizens or by any State agency. 33. We have perused the steps suggested by the State in their counter affidavit and find that if the steps suggested by the State are implemented in letter and spirit and further the implementation is observed in its proper perspective by the State and its authorities from time to time coupled with any other good suggestions, if noticed, while implementing the suggestions, then most of the problems presently being faced by the Appellant and many others like him in the concerned area(s) would be reduced to a large extent. 34. We, accordingly, direct the Respondents to ensure strict compliance of the conditions/steps mentioned in Paras 5 (a) to (d) of the Counter Affidavit extracted above and whil ..... X X X X Extracts X X X X X X X X Extracts X X X X
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