LexDR. BALWANT SINGH versus COMMISSIONER OF POLICE & ORS.
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• [2014] 11 S.C.R. 123 DR. BALWANT SINGH v. COMMISSIONER OF POLICE & ORS. (Civil Appeal No. 10024 of 2014) NOVEMBER 07, 2014 [FAKKIR MOHAMED IBRAHIM KALIFULLA AND ABHAY MANOHAR SAPRE, JJ.) A B iorts - Nuisance - Complaint to Human Rights Commission - Direction to State to effectively stop C interference with the right of complainant to lead independent and peaceful life - Despite the directions, attack on the house of complainant - Writ petition - Disposed of by High Court in view of assurance by the State to settle the controversy - On appeal held: The disturbance created by the Police/State D Officials/people at large in the appellant's peaceful living in his house adversely affects his right guaranteed under Article 21 - Direction to the State to comply with the directions issued in *Noise Pollution case in letter and spirit to control noise pollution - State further directed to effectively implement E the measures suggested by it- Constitution of India, 1950 - Art.21. Partly allowing the appeal, the Court HELD: 1. Nuisance in any form as recognized in the F law of Torts - whether private, public or common which results in affecting 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 G necessary reliefs both in the form of preventing committing of nuisance and appropriate damages/ compensation for the loss, if sustained by him, du~ ~o causing of such nuisance. [Para 21) [132-B-C] 123 H 124 SUPREME COURT REPORTS [2014] 11 S.C.R. • A Ratanlal Dhirajlal - Law of Torts by G.P.Singh - 26th Edition pages - 621,637,640 - referred to. 2.1. In *Noise Pollution case, the Court issued directions to all the States directing them to ensure that 8 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. Once this Court decides any question and declares the law and issues C necessary directions then it is the duty of all concerned to follow the law laid down and complJ/ with the directions issued in letter and spirit by virtue of mandate contained in Article 141 of the Constitution. [Paras 24 and 26] [133-A-B; 136-G] D 2.2. Therefore, the respondents are directed to ensure strict compliance of the directions C<ontained in Para 17 4 to 178 of the judgment *Noise Pollution case and for ensuring its compliance, whatever remedial steps which are required to be taken by the State and their E concerned department(s), the same be taken at the earliest to prevent/check the noise pollution as directed in the aforesaid directions. [Para 28] [137-8-C] *Noise Pollution (V), In Re - Implementation of the Laws for restricting use of loudspeakers and high volume producing F sound systems 2005 (1) Suppl. SCR 624: (2005,) 5 SCC 733 - relied on. 3.1. So far as the disturbance created bJr the police/ state officials/people at large in the appellant's peaceful G living in his house is concerned, they do result in adversely affecting the appellant's rights guaranteed under Article 21 of the Constitution. [Para 29] [137-D] *Noise Pollution (V), In Re - Implementation of the Laws H for restricting use of loudspeakers and high volume producing • DR. BALWANT SINGH v. COMMISSIONER OF 125 POLICE sound systems 2005 (1) Suppl. SCR 624 : (2005) 5 SCC A 733; Ramlila Maidan Incident 2012 (4 ) SCR 971: (2012) 5 sec 1 - relied on. 3.2. The Constitution, inter alia, casts a duty on the State and their authorities to ensure that every citizen's 8 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 C called for at the instance of citizen when these rights are violated by fellow citizens or by any State agency. 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, then most of the problems presently being D faced by the appellant and many others like him in the concerned area(s) would be reduced to a large extent. Accordingl
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