The Punjab and Haryana High Court highlighted the urgent need for strict noise pollution regulation enforcement, holding District Magistrates and Superintendents of Police personally accountable for violations. The Court reiterated guidelines from 2019, encouraging citizens to report complaints and ensuring swift legal action. Emphasizing the right to escalate complaints, it aims for improved compliance and protection of public health.
Chandigarh: The Punjab and Haryana High Court has once again emphasized the need for strict enforcement of noise pollution regulations, holding District Magistrates (Collectors) and Superintendents of Police (SPs) personally accountable for non-compliance. The directives were issued in a case involving alleged noise pollution violations, reaffirming the Court’s 2019 guidelines aimed at mitigating noise pollution, particularly around sensitive periods such as school examinations.
A Bench comprising Chief Justice Sheel Nagu and Justice Anil Kshetrapal directed officials in Punjab, Haryana, and Chandigarh to remain vigilant against noise pollution violations. The Court warned that any lapse in enforcement would result in personal liability for the District Magistrates and SPs.
“The District Magistrate and Superintendent of Police are directed to be vigilant and on any violation pointed out by any citizen of any District of the States of Punjab, Haryana and U.T. Chandigarh, appropriate steps shall be taken in accordance with law, as expeditiously as possible,”
the Court observed.
The judgment grants citizens the liberty to report violations, assuring swift legal action by authorities.
The Court noted that noise pollution is a subset of air pollution and is governed by the Noise Pollution (Regulation and Control) Rules, 2000, under the broader framework of the Air (Prevention and Control of Pollution) Act, 1981.
The Bench reminded the authorities of their statutory obligations to address violations. It emphasized the right of petitioners to lodge complaints with the jurisdictional police in case of breaches.
“It would be appropriate that since noise pollution is part of air pollution and is punishable under the penal provisions of The Air (Prevention and Control of Pollution) Act of 1981, the petitioner is granted liberty to approach the concerned jurisdictional Police Station and lodge an FIR in the event of any violation of the guidelines laid down by this Court,”
the Court stated.
The Court also underscored the petitioners’ right to escalate matters to the Magistrate under Section 156(3) of the Code of Criminal Procedure (CrPC) or its equivalent, Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in case the police fail to act.
The petitions, filed by Abhilaksh Sachdev and Karam Singh, alleged noise pollution violations exceeding permissible levels, causing disturbances in residential areas.
The Haryana State Pollution Control Board (HSPCB) and the State of Haryana informed the Court that offenders in the present case had been summoned and assured adherence to permissible noise levels. However, the Court expressed concern over unresolved complaints between 2021 and May 2024, noting that out of 49 complaints, only 25 had been resolved, leaving 24 pending.
Referring to the Supreme Court judgment in Lalita Kumari v. Government of UP, the High Court reiterated the obligation of police officers to promptly register complaints disclosing cognizable offences. The Court warned that failure to act on noise pollution complaints would result in disciplinary action against erring officers.
The case saw prominent legal representation, including Advocates Abhinav Sood, Nitesh Jhajhria, Mehndi Singhal, Rohit Mittal, and Kuljinder Singh Billing, among others, for the petitioners. The Haryana and Punjab governments were represented by Deputy AAG Deepak Balyan and Senior DAG Salil Sabhlok, respectively.
This judgment reaffirms the judiciary’s commitment to ensuring a balanced approach to urban living while safeguarding public health and peace. By holding administrative officers personally accountable, the Punjab and Haryana High Court aims to bring much-needed seriousness to the enforcement of noise pollution regulations.
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