Professional Documents
Culture Documents
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
Respondent(s)
QUORUM:
HONBLE JUSTICE DR.P.JYOTHIMANI, JUDICIAL MEMBER
HONBLE PROF.DR.R.NAGENDRAN, EXPERT MEMBER
Judgement
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
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.
(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
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.
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
Justice Dr.P.Jyothimani
(Judicial Member)