FORUM, PREVENTION OF ENVN. AND SOUND POLLUTION versus UNION OF INDIA AND ORS.

Citation: [2005] SUPP. 4 S.C.R. 966 · Decided: 28-10-2005 · Supreme Court of India · Bench: R.C. LAHOTI · Disposal: Dismissed
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Judgment (excerpt)

A 
FORUM, PREVENTION OF ENVN. AND SOUND POLLUTION 
v. 
UNION OF INDIA AND ORS. 
OCTOBER 28, 2005 
B 
[R.C. LAHOTI, CJ. AND ASHOK BHAN, J.] 
Noise Pollution (Regulation and Control) Rule 2000-Rules 5 (3), 5(2) 
-Imposition of restriction on the use of Loud-speakers/public address system 
C at night (between 10.00 p.m. to 6.00 a.m.)-Relaxation by inserting Sub-Rule 
(3) to Rule 5-Constitutionality of-Held: Constitutional-Constitution of India, 
1950-Articles 14 and 21. 
In terms of sub-rule (2) of Rule 5 of Noise Pollution (Regulation and 
Control) Rule 2000, the Central Government imposed restriction on the 
D use of loud speakers/public address system at night (between 10.00 p.m. 
to 6.00 a.m.). By 2002 Amendment, sub-rule (3) was inserted in Rule 5 
which granted permission to the State Government to relax the 
applicability of sub-rule (2) and grant exemption therefrom between 10.00 
P.M. and 12 mid-night for maximum of 15 days during a calender year. 
E 
Appellant-Forum unsuccessfully filed writ petition before High Court 
F 
challenging the constitutional validity of sub-rule (3). Hence the present 
appeal. 
Dismissing the appeal, the Court 
HELD: Looking at the diversity of cultures and religions in India, a 
limited power of exemption from the operation of the Noise Pollution 
(Regulation and Control) Rule, 2000 granted by the Central Government 
in exercise of its statutory power cannot be held to be unreasonable. The 
power to grant exemption is conferred on the State Government. It cannot 
G be further delegated. The power shall be exercised by reference to the State 
as a unit and not by reference to districts, so as to specify different dates 
for different districts. It can be reasonably expected that the State 
Government would exercise the power with due care and caution and in 
public interest. However, the scope of the exemption cannot be widened 
H 
966 
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FORUM, PREVENTION OF ENVN. AND SOUND POLLUTION v. U.OJ. [LAHOTI, CJ.] 967 
either by increasing the number of days or by increasing the duration A 
beyond two hours. If that is attempted to be done, then the said sub-rule 
(3) conferring power to grant exemption may be liable to be struck down 
as violative of Articles 14 and 21 of the Constitution. The State 
Government should generally specify in advance, the number and 
particulars of the days on which such exemption will be operative. Such B 
specification would exclude arbitrariness in the exercise of power. 
[971-D, E, F[ 
' 
Noise Pollution v. in Re, [2005[ 5 SCC 733, referred to. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3735 of2005. 
From the Judgment and Order dated 14.3.2003 of the Kerala High 
Court in O.P. No. 38066 of 2002 (S). 
c 
G.E. Vahanvati, Solicitor General, Jitendra Sharma, Mukul Rohtagi, 
U.U. Lalit, Shyam Divan, M.K.S. Menon, M.K. Michael, Sandeep Narain, 
(AC), Anil Kumar Mittal, Ms.Anjali Jha, Makarand D. Adkar, Vijay Kumar, D 
B.K. Mishra, Ms. Apama Jha, V. Madhukar, Ms. H. Wahi, Ms. Indra Sawhney, 
Ms. Deeksha Mishra, P. Parmeswaran, K.R. Sasiprabhu Ravindra K. Adsure, 
Bhavanishankar V. Gadnis, Ms. Sunita B. Rao, S. Wasim A. Qadri, Ms. Anil 
Katiyar, Chandra Prakash, Vijay Panjwani, R. Ayyam Perumal, Sewa Ram, 
V. Madhukar, Dr. A. Francis A. Julian, A. Mariarputham, Jagjit Singh Chhabra, E 
V.K. Sidharthan, P.V. Yogeswaran, S. Ravi Shankar, Ms. Hemanandini Deori, 
M.A. Chinnasamy, Braj Kishore Mishra, .R. Nedumaran, Ms. Mamrata Chopra 
and S. Beno Bencigar for the appearing parties. 
The Judgment of the Court was delivered by 
R.C. LAHOTI, CJ. In exercise of the powers conferred by clause (ii) F 
of sub-section (2) of Section 3, sub-section (i) and clause (b) of sub-section 
(2) of Sections 6 and 25 of the Environment (Protection) Act, 1986 (29/ 
I 986), read with Rule 5 of the Environment (Protection) Rules, 1986 the 
Central Government made the Noise Pollution (Regulation and Control) Rules, 
2000 (hereinafter referred to as 'the Noise Rules') which have come into G 
force w.e.f. 14th February, 2000. 
Rule 5 of the Noise Rules reads as under: 
"5. Restrictions on the use of loud speakers/public address system:-
(1) A loudspeaker or a public address system shall not be used except H 
968 
A 
B 
c 
SUPREME COURT REPORTS [2005] SUPP. 4 S.C.R. 
after obtaining written pennission from the authority. 
(2) A loudspeaker or a public address system shall not be used at 
night (between I 0.00 p.m. to 6.00 a.m.) except in closed premises for 
communication within, e.g. a
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