Telangana High Court Issues Notice On Suo Moto PIL Over Noise Pollution By Function Halls In Secunderabad Cantonment Area

The Telangana High Court has suo motu registered and taken up a public interest litigation, based on a complaint submitted by a Colonel in the Indian Army regarding the disregard of noise pollution laws by two particular function halls in the Secunderabad Cantonment area.

On Tuesday, the matter was taken up by the Division Bench of Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti upon a complaint submitted by Colonel J Satish Bharadwaja in the form of a letter to the Court.

It was stated that by way of his letter, Bharadwaja wanted to bring to the notice of the Court, a major civic issue, i.e., of two function halls located in the thickly populated residential area of the Secunderabad Cantonment, running way past mid-night and causing severe disturbance to the residents by their offensive noise levels. In addition to that, it was stated that the events led to excessive footfall leading to unimaginable parking and movement difficulties.

It was brought to the notice of the Court that these activities remained mostly unchecked, as there seemed to be no procedure established to monitor the activities.

“The celebrations at these places is the issue of unchecked bursting of crackers at around midnight almost every time an event is conducted leading the surroundings littered with filth empty liquor bottles and all kinds of obnoxious stuff which itself is nauseating," stated the letter.

"A major civic concern is plaguing the Tadbund Area where the issue of excessive noise and disturbance being generated by two function palaces/marriage halls i.e. Bantia Gardens and Imperial Gardens located in Tadbund Bowenpally Secunderabad and to take necessary action to reduce the excessive noise to its permissible levels and disturbances causing to the residents,” it added. 

Chief Justice Aradhe noted that the erstwhile state of Andhra Pradesh had issued G.O. 170 of 2010 prescribing rules for the control of noise pollution however, they remarked that there was 'scant regard for noise pollution rules.”

Earlier, the Additional Advocate General, Senior Counsel Imran Khan submitted that the Cantonment has the jurisdiction and authority to take cognizance of the matter, he further submitted that as per the Noise Control Rules, 2000 a fine of up to INR10,000/- could be levied as fine and no defiant function hall would be spared.

To this, the Bench remarked that the fine amount would only be adjusted in the function hall rental fee causing no deterrence whatsoever.

Additional Advocate General requested the matter to be posted after two days for instructions, the request was allowed and directions were issued to implead the Cantonment Board as a party.

When the matter was taken up today, the Additional Advocate General informed the Court that a circular had been issued by the State Government and the same was going to be implemented in the whole of the State.

The representatives on behalf of the cantonment submitted that action could be taken by them, with the assistance of the Police.

After hearing both sides, the Bench directed the Bowenpally Police Station to conduct patrolling regularly, the Cantonment was directed to file an 'action taken' report and the owner of the function halls was issued notice and directed to appear before the bench on the next date of hearing.

The matter is to be listed on 14^th March 2024.

TUWPPIL8083/2024