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1 NOISE POLLUTION: Earlier, noise pollution a, Assignments of Law

OW TO DEAL WITH NOISE POLLUTION IN MUMBAI

Typology: Assignments

2019/2020

Uploaded on 11/20/2020

gopika-mundra
gopika-mundra 🇮🇳

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NOISE POLLUTION:
Earlier, noise pollution and its sources were addressed under the Air (Prevention and Control
of Pollution) Act, 1981. They are now, however, regulated separately under the Noise
Pollution (Regulation and Control) Rules, 2000.
In industrial areas, the permissible limit is 75 dB for daytime and 70 dB at night.
In commercial areas, it is 65 dB and 55 dB, while in residential areas it is 55 dB and 45 dB
during daytime and night respectively.
Additionally, state governments have declared ‘silent zones’ which includes areas that lie
within 100 meters of the premises of schools, colleges, hospitals and courts. The permissible
noise limit in this zone is 50 dB during the day and 40 dB during the night.
Day time shall mean from 6.00 a.m. to 10.00 p.m. Night time shall mean from 10.00 p.m. to
6.00 a.m.
The punishment for this offence is jail time up to five years and/or a fine up to Rs. 1 Lakh. If
the noise pollution continues, then the punishment is an additional fine of Rs. 5000 for every
day the pollution happens. If the noise continues for more than a year despite orders to stop it,
then a person may be punished with jail time up to 7 years.
Complaining about Noise Pollution
If someone wants to complain about noise pollution, these are some of the options:
First Option: Police
First option to complain about noise pollution lies with the police. They have the power to stop
the noise by suspending the noise-producing instrument and prohibiting the further use of that
equipment or instrument.
Second Option: Pollution Control Boards
Next best option is to approach the Central/State Pollution Control Boards who are the nodal
authorities for the prevention of environmental pollution. These authorities have the power to
issue a written order for preventing, prohibiting, controlling or regulating any vocal or
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NOISE POLLUTION:

Earlier, noise pollution and its sources were addressed under the Air (Prevention and Control of Pollution) Act, 1981. They are now, however, regulated separately under the Noise Pollution (Regulation and Control) Rules, 2000. In industrial areas , the permissible limit is 75 dB for daytime and 70 dB at night. In commercial areas , it is 65 dB and 55 dB, while in residential areas it is 55 dB and 45 dB during daytime and night respectively. Additionally, state governments have declared ‘silent zones’ which includes areas that lie within 100 meters of the premises of schools, colleges, hospitals and courts. The permissible noise limit in this zone is 50 dB during the day and 40 dB during the night. Day time shall mean from 6.00 a.m. to 10.00 p.m. Night time shall mean from 10.00 p.m. to 6.00 a.m. The punishment for this offence is jail time up to five years and/or a fine up to Rs. 1 Lakh. If the noise pollution continues, then the punishment is an additional fine of Rs. 5000 for every day the pollution happens. If the noise continues for more than a year despite orders to stop it, then a person may be punished with jail time up to 7 years. Complaining about Noise Pollution If someone wants to complain about noise pollution, these are some of the options: First Option: Police First option to complain about noise pollution lies with the police. They have the power to stop the noise by suspending the noise-producing instrument and prohibiting the further use of that equipment or instrument. Second Option: Pollution Control Boards Next best option is to approach the Central/State Pollution Control Boards who are the nodal authorities for the prevention of environmental pollution. These authorities have the power to issue a written order for preventing, prohibiting, controlling or regulating any vocal or

2 instrumental music, sounds caused by playing, beating, clashing, blowing, instruments including loudspeakers, public address systems, horn, construction equipment, appliance or apparatus or contrivance which is capable of producing or reproducing sound, sound caused by bursting of sound’ emitting firecrackers and sounds caused from a business operation, or trade, like for example business of creating utensils, etc. The Head Office of the Central Pollution Control Board ( “CPCB ”) is in New Delhi and they also have several regional offices across states. Even though the offices of the CPCB are only there in a few states, every state also has an office known as the State Pollution Control Board ( “SPCB” ). Third Option: Complaint with District Magistrate One can also approach the Court with the help of a lawyer and file a case against the person creating the noise pollution. The Court may pass orders to temporarily stop the noise, permanently remove the noise or regulate it but only after hearing out the person who caused the noise pollution. Fourth Option: Filing a Case with National Green Tribunal Any person seeking relief and compensation for environmental damage or pollution involving subjects like air pollution, environment pollution, water pollution, etc. can approach the National Green Tribunal ( “NGT” ). The NGT is a specialised judicial body where one can go to file environmental cases including noise pollution cases. The decisions of the tribunal are binding and one can appeal within 90 days to the Supreme Court of India if a person is unhappy with its decision. He/she can engage a lawyer if they want to approach the Court to file a case or file an appeal from a judgment of a lower court.