The Hon’ble Sri Justice R.Subhash Reddy Writ Petition No.18360 of 2007 Between: M.Bhaskar Rao …Petitioner and 1.The Government of A.P., rep. by its Principal Secretary, Home Department, A.,P.Secretariat, Hyderabad and another …Respondents The Hon’ble Sri Justice R. Subhash Reddy Writ Petition No.18360 of 2007 Order: Petitioner, a retired IRS officer, has filed this Writ Petition seeking direction by way of Mandamus to declare the action of the respondents in not preventing the Dargah Mukke-Shah Mosque authorities from creating sound pollution by using loud speakers and sirens as illegal and arbitrary. In the affidavit, filed in support of the Writ Petition, it is stated that the petitioner is a senior citizen and retired employee of Central Government, and he is residing in silent zone residential area, near Basant Talkies lane, Kachiguda, Hyderabad. It is his grievance that adjoining to his house, there is a mosque viz., Dargah Mukke– Shah Mosque, in which, loud speakers and siren were fitted and prayers were being offered in the loudspeakers violating the noise level standards notified in the Noise Pollution (Regulation and Control) Rules, 2000, framed under the Environment Protection Act, 1986. It is his further grievance that despite his complaint to the Police, no action has been taken so far. On behalf of the respondents, counter-affidavit has been filed by the Inspector of Police, Kachiguda Police Station, stating that prior to filing of this Writ Petition notice dated 21-09-2006 was issued by the respondents to the Mosque in question directing them not to cause any noise pollution in view of the directions issued by the Hon’ble Supreme Court of India and the orders passed by the Government in G.O.Rt.No.227 Environment, Forests, Sciences and Technology (ENV) Department, dated 11-07-2005. It is also stated that after filing of the Writ Petition, another notice was also issued on 11-09-2007 directing the Mosque authorities to maintain noise pollution levels with permissible limits and not to cause any nuisance to the public. It is averred that there is no mechanism to measure the noise levels, and in fact, the Pollution Control Board is the competent authority to conduct necessary tests to determine the noise pollution, and the respondents have already addressed a letter to the said Board to conduct such test, and after receipt of report from the Pollution Control Board, necessary action will be initiated. The Noise Pollution (Regulation and Control) Rules, 2000 (for short ‘the Rules’), are framed in exercise of powers conferred under Sections 3, 6 and 25 of the Environment (Protection) Act, 1986. In the schedule of the Rules, Ambient Air Quality Standards in respect of Noise in different areas/zones were notified, and in silence zone, 50 units in dB (A) Leq in day time and 40 such units in the night time, were notified. The note appended to the Rules clarifies that day time shall mean from 6.00 a.m., to 10.00 p.m., and night time from 10.00 p.m., to 6.00 a.m. In the instant case, as stated in the counter, the respondents-authorities have issued notice even before filing of the Writ Petition, and subsequently also, to the Mosque in question to maintain noise levels as per the Rules. In that view of the matter, it cannot be said that no action has been taken pursuant to the petitioner’s complaint. Further, the Mosque in question as well as the Authority under the provisions of the Environment (Protection) Act were not made parties to this Writ Petition. In that view of the matter, no further direction can be given. Inasmuch as the respondents have acted upon the complaint of the petitioner, I dispose of the Writ Petition directing the respondents to ensure, that the noise levels are being maintained in the Mosque in question, by making periodical visits. If the noise levels are not maintained, the respondents shall address the competent authority under the provisions of the Environment (Protection) Act, and take further steps in accordance with law. Subject to the above direction, the Writ Petition is disposed of. No costs. ___________________ (R. Subhash Reddy, J) 12th February, 2008 Note: Furnish CC in three days. B/o lur