-1- 2025:CGHC:3602 NAFR HIGH COURT of CHHATTISGARH AT BILASPUR WPC No. 292 of 2019 Abdul Junaid S/o Shri Abdul Rasid Aged About 39 Years R/o C.M.D. College Ke Samne Link Road Thana Tarbahar Tehsil And District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh. ... Petitioner versus 1- State of Chhattisgarh, Through: The Secretary Avas Avam Paryavaran Vibhag Mantralaya Naya Raipur, District : Raipur, Chhattisgarh. 2 – Secretary, Chhattisgarh Paryavaran Sanrakshan Mandal Naya Raipur, District Raipur, Chhattisgarh. 3 – Collector, Bilaspur, District Bilaspur, Chhattisgarh. 4- Pulice Adhikshak Bilaspur, District Bilaspur, Chhattisgarh. 5- Thana Prabhari Pulice Thana Tarbahar Bilaspur, District : Bilaspur, Chhattisgarh. 6 - President Shikshan Avam Prashasi Samiti Governing Body And Education Society C. M. D. P. G. College Bilaspur, District Bilaspur, Chhattisgarh. 7 - Principal C. M. D. P. G. College Bilaspur, District Bilaspur, District : Bilaspur, Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Abdul Moin Khan, Advocate, holding the brief of Mr. Abdul Wahab Khan, Advocate For State : Mr. S. P. Kale, Additional Advocate General Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board Digitally signed by NADIM MOHLE -2- 21.01.2025 1) The petitioner has filed this petition seeking the following relief(s):- “10.1. यह कि, उ्ቈरवा दीगण ्ቅाሰ 06 एवा 07 किदीकित किय जा वा कि वा सी.एाሰ.डी. ाሰह किवाቕኋ लय किल सीपुर खेल ाሰ!दी ाሰ" सीाሰय ध्वाकि ्ቚदीषण/ वा य ्ቚदीषण सीधी आयजा( ) अाሰकित दीवा" । 10.2. यह कि उ्ቈरवा दीगण ्ቅाሰ 01 सी 05 किदीकित किय जा वा कि वा उ्ቈरवा दीगण ्ቅाሰ 06 एवा 07 खिखेल फ तत् ल य/वा ह र"। 10.3. यह कि उ्ቈरवा दीगण ्ቅाሰ 01 सी 05 किदीकित किय जा वा कि य कि0 ቛኋ र ्ቚस्तत कि यत पुर तत् ल कियाሰ सी र य/वा ह र" । 10.4. यह कि, अन्य अतष जा ाሰ य न्य य लय उकि0त सीाሰझे य कि0गण किदील य जा वा" ।" 2) Vide order dated 06.02.2019, the District Collector and Superintendent of Police, Bilaspur were directed to file their own affidavit. They have filed their own affidavit, where they have categorically stated in para 5 to 8 as under:- “5. That by this order it has also been directed that use of Loud Speakers of Long Headed Speaker will not be permissible in any circumstances. Use of more than 1 Loud Speaker has also been banned. Necessary conditions have been incorporated in the order under which, in special circumstances. There will be complete ban on use of Loud Speakers from 10:00 P.M. to 06:00 A.M. in any manner. 6. That, under special circumstances, the use of such loud speakers will be allowed for limited time after permission is granted by the competent authorities i.e. Executive Magistrate and Station House Officer of the District Bilaspur for their respective jurisdictions. Competent Officers shall examine the Special Circumstances and Public Convenience before granting any such permission. 7. That, further it has been directed vide order dated 04/02/2019 that no Loud Speaker in any manner shall be used within the 200 Meters from Educational Institutions, -3- Hospitals, Residential Areas, Government Offices, Courts and other Public Offices. No permission shall be granted for use of loud speakers for the ban period i.e. 10:00 P.M. to 06:00 A.M. 8. That, all the authorities, within Bilaspur District, have been directed to ensure strict compliance of the order dated 04/02/2019. Any complaint regarding noise pollution would be attended immediately and strict action would be taken against the culprits as per law. 9.Hence this affidavit is being filed herewith in compliance of the order of the Hon'ble Court.” 3) Mr. S. P. Kale, learned Additional Advocate General appearing for the State would submit that the in WP (PIL) No. 112 of 2016 (Nitin Singhvi v. State and others) guidelines have been issued with regard to the noise pollution vide order dated 27.04.2017. He would further submit that the respondent authorities are following the directions issued by the Hon’ble Supreme Court as well as by a Division Bench of this Court in its letter and spirit. He would also submit that this petition was filed in the year 2019 looking to the forthcoming board examinations of 10 th, 12 th & University examinations. 4) Heard. 5) Taking into consideration the fact that the Collector as well as Superintendent of Police, Bilaspur have filed their personal affidavit and have assured this Court that proper steps would be taken by the authorities to control the noise pollution. The Hon’ble Division Bench has also passed the order in light of the judgment passed by the Hon’ble Supreme Court in the matter of Noise Pollution (V), In Re, reported in (2005) 5 SCC 733. -4- 6) Taking into consideration the above-discussed facts, this petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge Nadim