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Oct 23, 2010

Forum Prevention of Environment & Sound Pollution Vs UOI, AIR 2005 SC 3136

Hon'ble Supreme Court of India observed as under, "Anyone who wishes to live in peace, comfort and quiet within his house has a right to prevent the noise as pollutant reaching him. No one can claim a right to create noise even in his own premises… Any noise which has the effect of materially interfering with the ordinary comforts of life judged by the standard of a reasonable man is nuisance….
Those who make noise often take shelter behind Article 19(1)A pleading freedom of speech and right to expression. Undoubtedly, the freedom of speech and right to expression are fundamental rights but the rights are not absolute….
While one has a right to speech, others have a right to listen or decline to listen….
Civil law can be divided under two heads (i) The Law of Torts (ii) The General Civil Law. The cases regarding noise have not come before the law courts in large quantity. The reason behind this is that many people in India did not consider noise as a sort of pollution and they are not very much conscious about the evil consequences of noise pollution.”
Court issue direction for fireworks to reduce noise pollution.

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