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BEFORE THE NATIONAL GREEN TRIBUNAL

SOUTHERN ZONE, CHENNAI


Application No.445 of 2013 (SZ) (THC)
(WP No. 32109 of 2008, Kerala High Court)
BETWEEN
1. Dr.Abraham Paul
President, IMA, Cochin Branch,
Manikath Cross Road, Cochin-682016
2. The Indian Medical Association
Cochin Branch, represented by
Its Secretary, Dr.N.Dinesh
Manikath Cross Road, Cochin
3. Dr.Abraham Varghese
Convener, Safe Sound, Safe Ear Project
IMA, Cochin Branch, Manikath Cross Road,
Cochin
4. Mamman Abrahara
Managing Partner, M.G.Medicals,
Pallimukku
M.G.Road
Kochi 682016

Applicant(s)
AND

1. State of Kerala
Represented by the Chief Secretary
Government Secretariat,
Thiruvananthapuram
2. The Director General of Police
Police Headquarters,
Thiruvananthapuram
3. The Transport Commissioner
Kerala State
Public Office Buildings
Thiruvananthapuram
4. The District Collector, Ernakulam

Civil Lines, Kakkanad


5. The City Police Commissioner
Shanmughorn Road, Kochi
6. The Pollution Control Board
Represented by its Secretary,
Thiruvananthapuram

Respondent(s)

Legal Practitioners for applicant


M/s P.B. Sahasranaman and
Sai Sathya JIth
Legal Practitioners for respondents
Smt.Suvitha A.S. for R1 to R5
Shri Ajay and Rema Smrithi for R6

QUORUM:
HONBLE JUSTICE DR.P.JYOTHIMANI, JUDICIAL MEMBER
HONBLE PROF.DR.R.NAGENDRAN, EXPERT MEMBER
Judgement

dated 13th May 2015

1. This application has been preferred by the applicants who are the office
bearers of the Indian Medical Association, Cochin Branch. According to the
applicants in the Pallimukku, M.G.Road, Kochi, there are two major hospitals
namely, Medical Trust Hospital and Cochin Hospital.

According to the

applicants, exactly in the same area where these two hospitals are situated,
the noise level is to the peak and affects the patients and respondents have
not taken any steps to curtail the same for the purpose of improving public
health. In fact, the measurement of noise pollution and the particulars given
by the Assistant Environmental Engineer, Kerala State Pollution Control Board

shows the worst aspect of noise pollution in the said area which states the
particulars as follows:
1) Base line noise pollution 75 80 db
2) Two wheelers horn 81 85 db
3) Running bus 81 85 db
4) Car horn 83 88 db
5) Bus horn 92 94 db
2. The applicant has also given various particulars relating to the movement
of vehicles in the area which causes the noise unabated.

In these

circumstances, he has moved Honble High Court of Kerala by filing a W.P.


No. 32109 of 2008 for a direction against the respondents to categorize
the areas into industrial, residential and silence zone for implementation of
noise standard in all cities and towns in Kerala, as provided under Rule 3
of the Noise Pollution (Regulation & Control) Rules 2000 and by erecting
traffic signs as enshrined in the Motor Vehicles Act, apart from enforcing
Rule 359 of Kerala Motor Vehicles rules and also for other relief. The
counsel appearing for applicant has submitted that the issue is squarely
covered by the Judgment of the Honble High Court of Kerala rendered in
K.N. Namboodiri & Ors.Vs. State of Kerala & Ors. reported in CDJ 2004
Ker. H.C. 026.

3. In the said Judgement, the Honble High Court has dealt with the issue of
noise pollution at length with reference to various statutory provisions.
After extracting the relevant rules including rule 3 of the Noise Pollution

(Regulation & Control) Rules 2000, the Honble High Court has given
various directions in its Judgement dated 22.8.2003 which are as follows:
In view of the above, I have no hesitation to hold that
the State Government and its officers are empowered to take
action to regulate noise pollution and maintain ambient air
quality standards in respect of noise. In the circumstances,
the State Government is directed to take appropriate
necessary action to implement the mandates contained in
the Noise Pollution (Regulation and Control) Rules, 2000.
Necessary orders shall be issued by the Government in this
regard.

4. Rule 3 of the Noise Pollution (Regulation & Control) Rules 2000


which speaks about the ambient air quality standard in respect of
different areas and zones stipulates not only the standard but also
states that it should be in accordance with the schedule contained in
the rules. The schedule enables the State Government to categorize
areas like industrial, commercial, residential and silence Zone etc. It
also enables the State Government to regulate the vehicular
movements, blowing of horns, bursting fire crackers, use of load
speakers etc. For the better understanding of the importance of this
rule, we are of the view that it should be highlighted, which is as
follows:-

Ambient air quality standards in respect of noise for different


areas/zones.
(1) The ambient air quality standards in respect of noise for different
areas/zones shall be such as specified in the Schedule annexed to these
rules.

(2) The State Government may categorize the areas into industrial,
commercial, residential or silence areas/zones for the purpose of
implementation of noise standards for different areas.
(3) The State Government shall take measures for abatement of noise
including noise emanating from vehicular movements and ensure that the
existing noise levels do not exceed the ambient air quality standards
specified under these rules.
(4) All development authorities, local bodies and other concerned
authorities while planning developmental activity or carrying out
functions relating to town and country planning shall take into
consideration all aspects of noise pollution as a parameter of quality of
life to avoid noise menace and to achieve the objective of maintaining
the ambient air quality standards in respect of noise.
(5) An area comprising not less than 100 metres around hospitals,
educational institutions and courts may be declared as silence area/zone
for the purpose of these rules.
5. The schedule to the rule speaks about the ambient air quality standard in
respect of various category/zones which are as follows:
SCHEDULE
(see rule 3(l) and 4(l)
Ambient Air Quality Standards in respect of Noise
Area Code

Category of Area/Zone

Limits in dB(A) Leq *


Day Time

NightTime

(A)

Industrial area

75

70

(B)

Commercial area

65

55

(C)

Residential area

55

45

(D)

Silence Zone

50

40

Note
1. Day time shall mean from 6.00 a.m. to 10.00 p.m.
2. Night time shall mean from 10.00 p.m. to 6.00 a.m.
3. Silence zone is defined as an area comprising not less than 100 metres
around hospitals, educational institutions and courts. The silence zones are
zones which are declared as such by the competent authority.

4. Mixed categories of areas may be declared as one of the four above


mentioned categories by the competent authority.
*dB(A) Leq denotes the time weighted average of the level of sound in
decibels on scale A which is relatable to human hearing.
A "decibel" is a unit in which noise is measured.
"A", in dB(A) Leq, denotes the frequency weighting in the measurement of
noise and corresponds to frequency response characteristics of the human
ear.
Leq : It is an energy mean of the noise level, over a specified period.

6. Therefore, it is clear that regulating of noise pollution is now statutory duty


of the State Government but unfortunately in spite of the order of the
Honble High Court of Kerala, which has given ultimate directions as early
as on 22.8.2003, it is still contended after 12 years that the State
Government has not taken any meaningful steps in this regard.
7. Therefore, we direct

that at least from now onwards, the State

Government shall implement the true spirit of rule 3 elicited above, keeping
in mind the limits prescribed by the schedule to the said rules.
8. Needless to state that in the area like the present one wherein hospitals
are situated, it is the duty of the government and the executive authority
namely Traffic Police to see that air horn and other nuisance by the
vehicles are totally avoided in the interest of the patients who are taking
treatment.
9. Therefore, we direct the government of Kerala to implement the above
said rules within a time bound manner throughout the State of Kerala and
implementation shall be effected within 4 months from today and file a

report to the Registry of this Tribunal.

With the above directions, the

application stands closed. No cost.

Justice Dr.P.Jyothimani
(Judicial Member)

Prof. Dr. R. Nagendran


(Expert Member)

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