2025:HHC:16728 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWPIL No.45 of 2024 Decided on: 27.05.2025 ____________________________________________________________ Court on its own motion ...Petitioner Versus State of Himachal Pradesh and others ...Respondents Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Hon’ble Mr. Justice Ranjan Sharma, Judge 1Whether approved for reporting? For the petitioner: Court on its own motion. For the respondents: Mr. Pranay Pratap Singh, Additional Advocate General, for respondents No.1, 2, 4 and 5-State. Ms. Oshin Anand Chauhan, Advocate, for respondent No.3-H.P. Pollution Control Board. G.S. Sandhawalia, Chief Justice [Oral] Present Public Interest Litigation has been initiated on the basis of a letter dated 28.08.2024 received from one Shri Hari Mohan, R/o Village Dhaggar, Post Office Taksal, Tehsil Kasauli, District Solan, Himachal Pradesh, complaining therein that an Industry, namely, Forge (India) Pvt. Ltd., is established in Sector-5, Parwanoo, the noise of which can be heard upto 500 meters away at night. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2025:HHC:16728 - 2 - 2. The reply was received from respondents No.2 to 4 that Industry ‘Forge (India) Pvt. Ltd. as such has been set up at Plot No.60, Sector-5, Parwanoo, District Solan, Himachal Pradesh and ownership of the plot in which the above Industry has been set up is with HIMUDA. 3. On the basis of complaint, as such, matter had been referred to H.P. Pollution Control Board, Shimla, for necessary action. It is stated that the Unit is registered with the Department of Industries since 22.09.2009 with the date of production w.e.f. 01.05.1983 for the manufacturing of Forged Components. The Industry is working beyond 10:00 p.m. which cannot be restricted keeping in view the nature of work. The Member Secretary, H.P. State Pollution Control Board was directed to give suggestion on the affidavit, the steps taken by the said Company for reducing the noise levels. 4. It has come on record that Unit is engaged in manufacturing of forged components with annual capacity of 4000 Metric Tonnes per year and the Unit has installed three hammers of capacity of 02 Tonnes, 2025:HHC:16728 - 3 - 01 Tonne & 0.75 Tonne, respectively, and the Unit has provided Low Sulphur Heavy Stock fired reheating furnace of capacity of 800 Kg. per hour. The 0.75 Tonne capacity hammer was not operational since 2019. Necessary consent to operate from the Respondent-Board was there, which was valid upto 31.03.2025. Noise level was stated to be within the prescribed limit as compared to the standards prescribed for noise [day time]. 5. The house of complainant was found located approximately 250 metres aerial distance from the Unit. Noise level was observed as 51.2 and 54.8 dB (A), respectively, as per fresh ambient noise monitoring at the boundary wall which was found within prescribed limits and resultantly notices have been issued. It was found that noise level was within the limit when only the hammer of 1 Tonne was operational and, therefore, restrictions were imposed regarding use of 2 Tonnes hammer till it complied with the ambient noise industrial zone standards, as per affidavit dated 18.11.2024 by Member Secretary, H.P. State Pollution Control Board, Shimla. 6. Another affidavit dated 30.12.2024 also sworn 2025:HHC:16728 - 4 - in by Member Secretary, H.P. Pollution Control Board, would go on to show that only 1 Tonne hammer capacity was operational, as such, and the ambient noise monitoring level was observed as 60.2 dB (A) and 58.6 dB (A) for night time, which was the prescribed ambient noise limit for the industrial area in day and night time which was 75 dB (A) and 70 dB (A) respectively. The Unit has installed double panned air gapped acoustic PVC sheets at all prominent points to reduce the noise level and had also enclosed/covered all prominent points including gaps at top of shed. Necessary photographs, as such, have also been enclosed. The fact of operation of 2 Tonnes hammer having already been restricted was also mentioned. 7. Vide order dated 08.04.2025, Secretary, DLSA, Solan, as such, was asked to inspect the premises and to verify the facts. Compliance report dated 17.05.2025 has been furnished. From the perusal of compliance report, it has come on record that inspection was done on 13.05.2025 in the presence of the complainant and officials alongwith Managing Director of Industrial Unit. 2025:HHC:16728 - 5 - 8. During inspection, it was found that only one hammer of 1 Tonne capacity was in operation and other two hammers were not in use after the orders issued by H.P. State Pollution Control Board dated 08.11.2024 and ambient noise level at the main entrance gate of the Unit was found within the prescribed limit for day time as per the norms prescribed for industrial area under the Noise Pollution [Regulation and Control] Rules, 2000. 9. Noise level at the house of the complainant was within the prescribed limit of 55 dB (A) qua residential area as mentioned in the affidavit. It was also mentioned that sound of hammer was clearly audible at the house of the complainant in the day time and during night time, the sound of hammer will be more striking and can cause disturbance. 10. So, keeping in view the above facts, we find that usage of 2 Tonnes hammer has been restricted and noise level is now within the prescribed limit, as such, we deem it appropriate to close these proceedings. Ordered accordingly. 11. We, however, expect the Pollution Control 2025:HHC:16728 - 6 - Board to keep on monitoring the situation on regular intervals to ensure that the noise level, as such, does not go up beyond the prescribed limits, on account of usage of hammers. 12. Pending miscellaneous application(s), if any, shall also stand disposed of. - (G.S. Sandhawalia) Chief Justice (Ranjan Sharma) Judge May 27, 2025 [Bhardwaj/Shivender]