COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

INDIA

India - Noise Pollution

RABIN MUKHERJEE and others v. STATE OF WEST BENGAL and others

AIR 1985 CALCUTTA 222
BHAGHWATI, C. J., PRASAD, BANERJEE. J.

Introduction

Application for a Writ of Mandamus filed in the Supreme Court by the petitioners for an order directing the Respondents to enforce the provisions of Rule 114 of the Bengal Motor Vehicles Rules containing restrictions against the use of electric and air horns which were creating noise pollution which was having an adverse effect on public health.

Legislative Framework

Bengal Motor Vehicle Rules 1940- Rule 114(d).

Held

Referring to studies of noise pollution, the Supreme Court concluded that the noise pollution arising from the use of loud horns, in violation of the above mentioned Rule, is injurious to health and was among the different causes of environmental pollution.

The Court directed the State Authorities to issue notifications immediately regarding the restrictions contained in the Rule and direct the removal of electric or air horns which create a loud or shrill sound, and to ensure that no fitness certificate is granted to vehicles in the case of non compliance with the Rule.