REDUCING NOISE POLLUTION

courtesy- THE HINDU
Saturday, Mar 29, 2008

Reducing noise pollution in the neighbourhood

In case of violation of noise pollution rule, a representation can be made to the authorities including the Commissioner of Police, writes C.H.Gopinatha Rao

The High Court of Madras , while disposing of a Public interest Litigation petition (J.Mohana vs Commissioner of Police and others, Chennai 2006 (4) MLJ 525) made the following observations. If there is any violation of the noise pollution and the noise level exceeds the prescribed standard of the Pollution Control Board or other authority/authorities appropriate action will be taken to reduce the noise level.

In case of violation, representation can be made to the authori ties concerned including the Commissioner of Police.

In the above case the counsel appearing for the respondent against whom the complaint was made informed the Court that, in future the noise level would be controlled and would not exceed the prescribed standard.

The rule 7 (1) of the Noise pollution (Regulations and Control) Rules 2000 reads as follows. A person may if the noise level exceeds the ambient noise standards by 10 dB(A) or more given in the corresponding columns against any area /zone make a complaint to the authority Rule 7 ( 2) of the said rules provides as follows “The authority shall act on the complaint and take action against the violator in accordance with the provisions of these rules and any other law in force.”

The ambient noise standards for different zones as listed in the Noise Pollution (Regulations and Control) Rules 2000 given are listed below.

Silence zone

Silence zone is an area comprising not less than 100 metres around hospitals, educational institutions, courts, religious places or any other area so declared such by the competent authority. Mixed categories of areas may be declared as one of the four above mentioned categories by the competent authority.

Restrictions on the use of loud speaker

(1) A loud speaker or public address system shall not be used except after obtaining written permission from the authority.

(2) It should not be used at night between 10 p.m. and 6 a.m. Except in closed premises for communication with in the auditorium, conference rooms, community halls and banquet halls,

(3) Notwithstanding anything contained in the above clause the State Government may subject to such terms and conditions as are necessary to reduce noise pollution and permit use of loud speakers during night between 10.00 p.m and midnight for any cultural or religious festival occasion for a limited duration not exceeding 15 days in a calendar year.

Powers to prohibit

(1) If the authority is satisfied from the report of an officer in charge of a police station or other information received by him including the complainant that it is necessary to do so in order to prevent annoyance, disturbance, discomfort or injury to the public, he may by a written order issue necessary directions to person concerned.

(2) The authority empowered may either on its own motion or on the application of any person aggrieved by an order made either rescind, modify or alter any such order.

The author is former National President, Institution of Valuers.