The Calcutta High Court in the case Tarunmoy Modak v. The State of West Bengal & Or’s observed and has reiterated that sound level of loudspeakers or microphones, etc. must be within the permissible limit and the police must maintain a general vigil prevent public nuisance by means of noise pollution in the city.
In the present case, the order was passed on a petition filled by a retired bank employee who alleged that the police authorities in his area had failed to take steps even though several complaints were filed by some persons in the locality, in which he resided, alleging indiscriminate use of loudspeakers and microphones.
It was submitted by the petitioner that such public nuisance caused by noise pollution due to blaring music from loudspeakers which do not have sound limiters, must be prevented by the police.
The bench comprising of Justice Shampa Sarkar observed and directed the Inspector-in-Charge, Chinsura Police Station to ensure that in the area under his jurisdiction, the use of microphones, all the musical equipment’s and instruments, either for private use or for entertainment of the public, as well as at public meetings and should be regulated by the orders passed by the Hon’ble High Court, the Apex Court and the National Green Tribunal.
It was stated by the bench that the aforementioned guidelines must be followed and the restrictions must be imposed. Further, it was stated that the notification issued by the Principal Secretary to the Govt. of West Bengal, Department of Environment on December 29, 2009, should also be complied with as though the said notification the Principal Secretary had stated that the usage of loudspeakers, if it has obtained necessary permissions from competent authorities shall only be permissible between 6 AM to 10 PM in open areas. It was also stated in this notification that permissible ambient noise level as notified by the Government of India under Environment Protection Act, 1986 should be maintained during the use of microphones in open areas and for regulating noise level sound limiters should be attached with amplifier.
It was also directed by the bench to vigil to be maintained in the locality to prevent noise pollution in general.
