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Showing posts with label noise pollution. Show all posts
Showing posts with label noise pollution. Show all posts

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.

Oct 12, 2010

Forum Prevention of Environment & Sound Pollution Vs UOI, AIR 2006 SC 348

Hon'ble Supreme Court of India observed as under, "Restrictions on the use of loud speakers…. No religion ever says to force the unwilling to listen to expressions of religious beliefs. In the Bhagavad Gita, Krishna says to Arjuna: This secret gospel of the Gita should never be imparted to a man who lacks penance, nor to him who is wanting in devotion, nor even to him who lends not a willing ear; and in no case to him who finds fault with Me... He who, offering the highest love to Me, preaches the most profound gospel of the Gita among My devotees, shall come to Me alone; there is no doubt about it….
Before parting, we would like to clarify further that we may not be understood as diluting in any manner our holding in Noise Pollution. We are also not granting any exemption or relaxation in favour of anyone by our verdict.”