AIR 2001 DELHI 455 ::(2001) 93 DLT 28 ::(2002) 1 ChandCriC 6 ::(2001) 60 DRJ 297

Delhi High Court

Hon'ble Judge(s): Arijit Pasayat , C.J. AND D. K. Jain , J

(A) Constitution of India , Art.21— Right to life - Noise pollution - It contaminates environment, cause nuisance and affects health of person - Offends Art. 21 if it exceeds reasonable limit. The effect of noise on health is a matter which has yet not received full attention of our judiciary, which it deserves. Pollution being wrongful contamination of the environment which causes material injury to the right of an individual, noise can well be regarded as a pollutant because it contaminates environment, causes nuisance and affects the health of a person and would, therefore, offend Art. 21, if it exceeds a reasonable limit.(Para 24) (B) Environment (Protection) Act (29 of 1986) , S.25— Environment (Protection) Rules (1986) , R.5— Noise Pollution (Regulation and Control) Rules (2000) , R.3— Noise pollution - Control of - Court emphasised the immediate measures needed to be taken in this regard. Noise pollution can be curbed by adopting certain measures. Environment eco-friendly technology should be adopted. Machinery should be designed and manufactured in such a way that it should not create more sound than allowable noise limits. Roads should be made sound proof, trees should be planted on both sides of the roads @page-Del456....