"Sound Level Must Be Within Permissible Limit": Calcutta High Court Calls For Vigil To Prevent Noise Pollution

The Calcutta High Court has reiterated that sound level of loudspeakers, microphones, etc. must be within the permissible limit and a general vigil must be maintained by the Police to prevent public nuisance by means of noise pollution in the city.

The order was passed on a petition filed by a retired bank employee who alleged that the police authorities in his area had failed to take steps even though several complaints were filed alleging indiscriminate use of loudspeakers and microphones by some persons in the locality, in which he resided. The petitioner submitted that such public nuisance, caused by noise pollution due to blaring music from loudspeakers which do not have sound limiters, must be prevented by the police. 

Justice Shampa Sarkar directed the Inspector-in-Charge, Chinsura Police Station to ensure that in the area under his jurisdiction, use of microphones, loudspeakers, all musical equipments and instruments, either for private use or for entertainment of the public, as well as at public meetings, should be regulated by the orders passed by the Hon'ble Apex Court, the High Court and the National Green Tribunal.

The bench stated that aforementioned guidelines must be followed and the restrictions must be imposed. It further stated that the notification issued by the Principal Secretary to the Govt. of West Bengal, Department of Environment on December 29, 2009, should also be complied with. Through the said notification, the Principal Secretary had stated that the usage of loudspeakers shall only be permissible between 6 AM to 10 PM in open areas, if it has obtained necessary permissions from competent authorities. This notification also stated that permissible ambient noise level as notified by the Government of India under Environment Protection Act, 1986 should be maintained during the use of microphones in open areas and sound limiters should be attached with amplifier for regulating noise level. 

The bench also directed a vigil to be maintained in the locality to prevent noise pollution in general.

CASE TITLE: Tarunmoy Modak v. The State of West Bengal & Ors.

Citation: 2022 LiveLaw (Cal) 267 

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