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TMI Blog2014 (11) TMI 1205X X X X Extracts X X X X X X X X Extracts X X X X ..... Court issued notice to the Respondents. On being served, learned Counsel for the Respondents filed counter affidavit on behalf of the Respondents. 6. Heard learned Counsel for the parties. 7. In order to appreciate the issue involved in this appeal, it is necessary to mention the facts in brief. 8. The Appellant (writ Petitioner) is the resident of Jaipur (Rajasthan). He retired as Director General of Police in March 1995. To settle after retirement, the Appellant constructed his house in a residential colony opposite to Vidhyut Bhawan in Jyoti Nagar in Jaipur city. The locality and, in particular, the location of the Appellant's house is very near to "Vidhan Sabha" (State Assembly Building). 9. The Appellant to his misfortune noticed that very frequently, thousand/hundreds of people belonging to political/non-political parties would gather on the road approaching to Vidhan Sabha, which is in front of his house, with agitated mood and would undertake their "Protests March" or "Dharna" or "Procession" for ventilating their grievances. The protestors then would use indiscriminately loudspeakers by erecting temporary stage on the road and go on delivering speeches one after th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 12/17/1720 and by order dated 24.09.2012 partly allowed the Appellant's petition and directed the Additional Home Secretary to order the concerned officials to effectively stop interference with the right of the Appellant herein to lead an independent and peaceful life and ensure that: 1. The crowd of demonstrators does not assemble, on both roads opposite to the Petitioner's house during the assembly sessions. 2. The demonstrators are not allowed to use high powered loudspeakers during day and night. 3. The road is not closed after stopping traffic and traffic movement is maintained in a sustained and orderly manner. 4. The policemen are stopped from urinating in the proximity of the wall of the Petitioner's house from the side of the M.L.A.'s complex during the Assembly Sessions. 5. No barricading is done on the road opposite to, and near, the house of the Petitioner. 14. Despite issuance of the aforementioned directions, the State did not ensure its compliance and on the other hand, some miscreants attacked the Appellant's house and hence out of disgust, the Appellant was compelled to file writ petition being S.B. Civil Writ Petition No. 2273 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fidavit, has stated that it is their duty to ensure that no harm, injury, damage or inconvenience/nuisance of any nature is caused to the life and property of any citizen on account of any action and activities of other person(s) or/and State authorities and all personal/fundamental/property rights guaranteed and recognized in law to every citizen are protected to enable him to lead a meaningful life with dignity and peace and to also enjoy his property. It is further stated that in compliance to the order passed by RSHRC, the State has issued directions for ensuring its compliance which are as under: a. Deputy Commissioner of Police has been put in charge of the area in order to ensure law and order in and around the residence of the Petitioner. b. Barricading at appropriate distance from the residence of the Petitioner so that the movement of the residents as well as of the Petitioner is not restricted as such and also because of the demonstration in specific. When the legislative assembly is in session barricading is done at least 60 feet away from the residence of the Petitioner. c. Mobile public toilets (two vehicles) have been placed by the Rajasthan Municipal Corporati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Constitution of India, read with all laws/rules/Regulations relating to pollution, including penal laws governing this issue. 24. Chief Justice R.C. Lahoti (as His Lordship then was), speaking for the Bench in concluding para of the order, issued directions to all the States directing them to ensure that noise pollution caused due to use of various apparatus/articles/activities must be curbed and controlled by resorting to methods and modes specified in several rules/Regulations dealing the subject. These directions are extracted herein below: XII. Directions It is hereby directed as under: (i) Firecrackers 174. 1. On a comparison of the two systems i.e. the present system of evaluating firecrackers on the basis of noise levels, and the other where the firecrackers shall be evaluated on the basis of chemical composition, we feel that the latter method is more practical and workable in Indian circumstances. It shall be followed unless and until replaced by a better system. 2. The Department of Explosives (DOE) shall undertake necessary research activity for the purpose and come out with the chemical formulae for each type or category or class of firecrackers. DOE sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. 1. There is a need for creating general awareness towards the hazardous effects of noise pollution. Suitable chapters may be added in the textbooks which teach civic sense to the children and youth at the initial/early-level of education. Special talks and lectures be organised in the schools to highlight the menace of noise pollution and the role of the children and younger generation in preventing it. Police and civil administration should be trained to understand the various methods to curb the problem and also the laws on the subject. 2. The State must play an active role in this process. Resident Welfare Associations, service clubs and societies engaged in preventing noise pollution as a part of their projects need to be encouraged and actively involved by the local administration. 3. Special public awareness campaigns in anticipation of festivals, events and ceremonial occasions whereat firecrackers are likely to be used, need to be carried out. The abovesaid guidelines are issued in exercise of power conferred on this Court Under Articles 141 and 142 of the Constitution. These would remain in force until modified by this Court or superseded by an appropriate legisla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cerned, in our considered view, they do result in adversely affecting the Appellant's rights guaranteed Under Article 21 of the Constitution as held by this Court in Noise Pollution (V), In Re (supra) and also in Ramlila Maidan Incident In Re. (2012) 5 SCC 1. The RSHRC and the writ Court were, therefore, justified in entertaining the complaint under the Act and the writ petition Under Article 226 of the Constitution of India and in consequence justified in giving appropriate directions mentioned above while disposing the Appellant's complaint/writ petition. 30. We, however, note that the State was right on their part in not contesting the Appellant's complaint/writ petition by raising technical/legal grounds finding the Appellant's grievance made in his complaint to be genuine and then rightly came out with remedial suggestions to deal with the situation arising in the case. 31. Indeed, this reminds us of the subtle observations made by Justice M.C. Chagla, Chief Justice of Bombay High Court in Firm Kaluram Sitaram v. The Dominion of India MANU/MH/0008/1954 : AIR 1954 Bombay 50, wherein while deciding the case between the citizen on the one hand and State on the o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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