Kiran Raj

The Bombay High Court has addressed a petition seeking action against alleged noise pollution caused by the unauthorized use of loudspeakers at religious institutions in Kurla East, Mumbai. The petitioners requested directions to the police and the Maharashtra Pollution Control Board (MPCB) to enforce the Noise Pollution (Regulation and Control) Rules, 2000, and related laws to curb the unauthorized use of loudspeakers. The court directed adherence to existing legal provisions and recorded the responsibility of authorities to address violations.

The petition, filed under Article 226 of the Constitution of India, sought action against noise pollution allegedly caused by several religious institutions in the vicinity of the petitioners’ residences. It was contended that loudspeakers were being used during prohibited hours and without necessary permissions from authorities, causing disturbance to residents and violating prescribed decibel limits. Specific institutions and instances of excessive noise were cited to substantiate the claims.

The petitioners submitted that multiple complaints, including written complaints and appeals via social media, were made to local police stations and higher authorities. However, these were reportedly met with inaction. They argued that the continued violations reflected a failure on the part of the authorities to enforce the law, despite explicit guidelines issued by the Supreme Court and previous orders by the Bombay High Court.

The respondents, including the Commissioner of Police, Dy. Commissioner of Police, and Senior Inspectors of Police of the Chunabhatti and Nehru Nagar stations, opposed the petition. They submitted affidavits detailing actions taken in response to complaints, including meetings with office bearers of religious institutions to address noise limits, periodic checks using decibel meters, and lodging of complaints where violations were confirmed. The MPCB also presented reports indicating noise levels recorded during inspections and instances where legal action was initiated against violators.

The court observed: “The allegations made in the petition demonstrate repeated violations of the Noise Pollution Rules, 2000, and failure on the part of concerned authorities to ensure compliance.” The court recorded the affidavits submitted by the police and the MPCB, noting the remedial actions taken and directing stricter enforcement where necessary.

Citing judgments from the Supreme Court and earlier decisions of the Bombay High Court, the bench stated: “No religion prescribes or mandates the use of loudspeakers for prayers or rituals, and the right to religious practice under Articles 25 and 26 of the Constitution is subject to public order, morality, and health.” The court observed that the use of loudspeakers without appropriate permissions and in violation of decibel limits constitutes a breach of the law and fundamental rights of citizens to live in a noise-free environment.

The court directed the police to ensure strict compliance with the Noise Pollution (Regulation and Control) Rules, 2000, particularly Rule 5, which governs permissible noise levels for public places and residential areas. It further instructed that no permissions for the use of loudspeakers be granted without adherence to prescribed conditions, including limits on decibel levels and hours of operation. The court also mandated the MPCB to monitor compliance and initiate appropriate legal actions against violators promptly.

The court stated: “The authorities are duty-bound to enforce the provisions of the law to protect public health and ensure peaceful enjoyment of the environment by all residents.” The court stated that the State's role in maintaining public order and upholding citizens' rights includes taking proactive measures against noise pollution.

In its concluding directives, the court ordered the police to establish a mechanism for immediate redressal of complaints related to noise pollution. It also required periodic reporting of enforcement actions and outcomes to the High Court.

Case Title: Jaago Nehru Nagar Residents Welfare Association & Anr. v. The Commissioner of Police & Ors.

Case Number: Criminal Writ Petition No. 4729 of 2021

Bench: Justice A.S. Gadkari and Justice Shyam C. Chandak

[Read/Download order]