Strict Implementation Mandated for Sound System Regulations; Non-compliance May Lead to Contempt Proceedings
In a significant move to address the pressing issue of noise pollution, the Gujarat High Court has mandated the strict enforcement of the Supreme Court's guidelines concerning noise pollution control. The judgment, delivered by Justices Bhargav D. Karia and L.S. Pirzada, underscores the importance of adhering to established protocols to mitigate environmental and sound pollution in the state.
The case, titled "Amit Manibhai Panchal v. Kaivan M. Dastoor," highlighted the ongoing non-compliance with the Supreme Court's directions issued in the landmark case "Noise Pollution (V) In Re with Forum, Prevention of Environmental and Sound Pollution v. Union of India" (2005). Despite being issued over two decades ago, the guidelines have not been effectively implemented, leading to continued environmental degradation.
The court emphasized the necessity of enforcing the regulations laid out by the Noise Pollution (Regulation and Control) Rules, 2000. These rules stipulate mandatory sound limiters for all sound systems, with non-compliance resulting in confiscation. Additionally, the use of loudspeakers and sound amplifiers is strictly prohibited during nighttime hours, from 10 PM to 6 AM, except in cases of public emergencies.
The judgment also calls for the effective execution of notifications and Standard Operating Procedures (SOPs) issued by the Gujarat Pollution Control Board (GPCB) and the Home Department. These documents outline the responsibilities of licensing authorities to ensure sound systems are equipped with sound limiters and regulate their use in both private and public functions.
Significantly, the court warned that erring officers would be held personally accountable for failing to enforce these guidelines, with potential contempt proceedings under the Contempt of Courts Act, 1971. This serves as a stern reminder to state authorities and police officers of their duty to uphold the law and protect citizens from the adverse effects of noise pollution.
Ms. Manisha Shah, the Additional Advocate General representing the respondents, assured the court that a comprehensive report detailing compliance measures would be submitted in the coming weeks. The Home Secretary and Chairman of GPCB, present virtually during the proceedings, have committed to ensuring strict adherence to the Supreme Court's directives.
The court has scheduled the next hearing for June 18, 2026, by which time the respondents are expected to file detailed reports on the steps undertaken to comply with the directives.
This judgment marks a pivotal step towards ensuring environmental justice and safeguarding public health by curbing noise pollution across Gujarat.
Bottom line:-
Noise Pollution - Directions of Supreme Court regarding noise pollution must be strictly implemented by State authorities and police officers. Non-compliance may attract contempt proceedings under the Contempt of Courts Act, 1971.
Statutory provision(s): Noise Pollution (Regulation and Control) Rules, 2000, Contempt of Courts Act, 1971
Amit Manibhai Panchal v. Kaivan M. Dastoor, (Gujarat)(DB) : Law Finder Doc id # 2892424
