IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11460 of 2009 BALRAM SHARMA, S/o Late Yamuna Sharma, resident of Plot No.59, Mohalla- Sri Krishna Nagar, Police Station- Budha Colony, District- Patna. … Petitioner Versus 1. THE STATE OF BIHAR through Chief Secretary, Govt. of Bihar, Patna. 2. The Principal Secretary, Department of Environment, Bihar, Patna. 3. The Director, Department of Environment, Patna. 4. The District Magistrate, Patna. 5. The Senior Superintendent of Police, Patna. 6. The Chairman, Bihar State Pollution Control Board, Beltron Bhawan, Shastrinagar, Patna. 7. The Chairman, Patna Municipal Corporation, Budh Marg, Patna. … Respondents ----------- For the petitioner : M/s Sanjay Singh & Sanjeev Kumar Singh, Advocates For the State : Mr. Arbind Kumar, GP 17 For the BSPC Board : Mr. Shivendra Kishore, Advocate. ----------- 4/ 15.09.2009 Heard counsel for the parties. The petitioner, a senior citizen, has filed this public interest litigation for issuing direction to the respondents to effectively implement the provisions of different statutes and rules relating to control of Noise Pollution and also for taking penal action against the person, who violates such rules. The petitioner has referred to the provisions contained in Bihar Control of the Use and Play of Loudspeakers Act, 1955. Pursuant to the direction of this court, the District Magistrate, Patna, was present in the Court and he has filed counter affidavit explaining the steps which are contemplated to be taken. Inter alia, it has been stated in the affidavit filed by the District Magistrate regarding the various steps proposed to be taken to minimize the effect of noise pollution. Annexure-C to the counter - 2 - affidavit is an order dated 10.9.2009, wherein various instructions have been issued by the Sub-Divisional Officer, Patna City, to the organizer of Puja Pandals. Similarly, in para 4 of the counter affidavit filed by the District Magistrate, various steps already taken or to be taken in future have been highlighted. However, we would like to clarify that while issuing licence to the Puja organizers, instructions should also be given in the licence itself regarding the ambient air quality standard in respect of noise. Having gone through the averments made in the writ petition and in the counter affidavit as also in the counter affidavit filed on behalf of the Bihar State Pollution Control Board and in view of the steps proposed to be taken, we do not think that any direction is required in the matter save and except the observation that all sincere efforts should be made by all concerned to ensure that there is no violation of the provisions contained in Bihar Control of the Use and Play of Loudspeakers Act, 1955. Similarly, it is the duty of the Bihar Pollution Control Board as well as other authorities to ensure compliance of the provisions relating to Environment Protection Act and the relevant rules made there under. The steps proposed to be taken in the Patna District should also be communicated to the concerned authorities in other parts of the State of Bihar so that necessary steps can be taken by those authorities if and when circumstances so arise. With this observation, the writ petition is disposed of. Before parting with the record, we appreciate the fair - 3 - stand of the counsel appearing for the parties in placing their cases. JA/- (P. K. Misra, CJ.) (Anjana Prakash, J.)