IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2540 of 2024 In Civil Writ Jurisdiction Case No.15202 of 2018 ====================================================== Surendra Prasad Son of Late Motilal Prasad, Resident of House No. 405, Ward No. 12, English Kabristan, Hanumangadhi, Motihari, Police Station- Town, District- East Champaran. ... ... Petitioner/s Versus 1. The State of Bihar 2. Dr. D.K. Shukla, The Chairman, Bihar State Pollution Board, Patna. 3. Sri S. Chandra Shekhar, The Secretary, Bihar State Pollution Board, Patna. 4. Sri Gopal Meena, The Commissioner, Tirhut Division, Muzaffarpur. 5. Sri Saurabh Jorwal, The District Magistrate-Cum- Collector, East Champaran, Motihari. 6. Sri Kantesh Kumar Mishra, The Superintendent of Police, East Champaran, Motihari. 7. Sri Shrestha Anupam, Sub- Divisional Officer, Sadar, Motihari, East Champaran. 8. Smt. Sandhya Kumari, Circle Officer, Sadar, Motihari, East Champaran. 9. Sri Vinod Kumar Singh, The Civil Surgeon, Motihari, East Champaran. 10. Sri R.K.Mishra, The Chief Factory Inspector, Motihari, East Champaran. 11. Sri Rakesh Bhaskar, The Officer-in- Charge, Sadar, Motihari, East Champaran. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajay, Amicus Curiae For the Opposite Party/s : Mr.Government Advocate -5 For the Board : Mr. Shivendra Kishore, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 6 11-04-2025 It is said that during the French Revolution, when the people of France were starving and this was supposedly told to Maire Antoinnette, the Queen of France, she famously replied “let them eat cake”. 2. While there is no evidence to suggest that she actually said this, the phrase has become a symbol of the obliviousness of those in power towards the suffering of its Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 2/45 people. It also shows that the people sitting comfortably in air conditioned chamber is/are completely detached with the problems the common man is facing. 3. The aforesaid phrase has been incorporated in the order in response to the stand taken by ‘the Board’ pursuant to the order dated 26.03.2025 by which it was directed to do the needful to ensure that some small steps are taken to make the State air/noise pollution free. 4. It is to be noted that on 07.02.2025, the Court passed the following order: “Heard Mr. Raj Shekhar, learned counsel for the petitioner, Mr. Ajay, learned GA-5 and Mr. Shivendra Kishore, learned Senior Counsel for the Bihar State Pollution Control Board. 2. On 10.08.2023, this Court had directed the opposite party nos. 2 and 3 to take notice of the petitioner’s case and pass an appropriate order. 3. Pursuant thereto, a show cause has been filed by the Opposite Party No. 2 and 3 to show that a decision has been taken Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 3/45 which followed direction for closure of the mills. It is the case of learned Senior Counsel for the Bihar State Pollution Board that the order stands complied. 4. Both Mr. Raj Shekhar, learned counsel for the petitioner as also Mr. Ajay, G.A.-5 have jointly submitted that Bihar State Pollution Control Board (henceforth, for short ‘The Board’) comes out of deep slumber only after someone makes a complaint and despite the entire State fully polluted, their role cannot be seen by the common man. Even in the present case, only after the contempt petition was filed, they have taken steps. 5. Mr. Ajay, learned G.A.-5 has pointed out of number of pollution which is being faced by the citizen in the State of Bihar particularly the Capital City, the case of noise/sound pollution needs immediate attention. He submits that the Orchestra/DJ trolley roaming around the city as also those Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 4/45 performing cultural function have completely forgotten what kind of sound/noise pollution they are creating. 6. He has taken this Court to the Bihar Control Of The Use And Play Of Loud Speakers Act, 1955 (henceforth for short ‘the 1955 Act’) which read as follows: Bihar Control Of The Use And Play Of Loud Speakers Act, 1955 12 of 1955 [08 June 1955] PREAMBLE An Act to control the use and play of Loud-Speakers in the State of Bihar Be it enacted by the Legislature of the State of Bihar in the Sixth Year of the Republic of India as follows: 1. Short title and extent :- (1) This Act may be called the Bihar Control of the Use and Play of Loud- Speakers Act, 1955. (2) It extends to the whole of the Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 5/45 State of Bihar. 2. Definitions:- In this Act, unless there is anything repugnant in the subject or context. (i) "Loud-speaker" means an instrument to augment small sounds, vocal instrument or recorded; and (ii) "prescribed" means prescribed by rules made under this Act. 3. Restriction against use and play of loud-speakers :- No person shall use and play a loud-speaker- (a) within such distance as may be prescribed from a hospital or from a building in which there is a telephone exchange; or (b) within such distance as may be prescribed from any educational institution maintained, managed, recognised, or controlled by the State Government, a University established under any law for the Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 6/45 time being in force, or a local authority or admitted to such University, or any hostel maintained, managed or recognised by such institution when such institution or hostel is in the use of students; or (c) within such distance as may be prescribed from a building in which a Court held during the hour of working of such Court; or (d) between the hour of 10 P.M. and 6 A.M. without the permission in writing of the prescribed authority: Provided that the provision of clauses (b), (c) or (d) shall not apply to any local area other than a municipal area until a notification applying the provision to such local area has been published in the official Gazette by the State Government or the prescribed authority. Explanation.- A municipal area means any area constituted for the time being a municipality Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 7/45 or a notified area under the Bihar and Orissa Municipal Act, 1922 (B. & O. Act VII of 1922)], and includes Patna] as defined in the Patna Municipal Corporation Act, 1951 (Bihar Act XIII of 1952). Ed-1 With the adaptation of Bihar Municipal Act, 1922 it may be read as "Jharkhand Municipal Act." 2 With the adaptation of "Patna Municipal Corporation Act, 1951 "these may be read as "Ranchi" and "Ranchi Municipal Corporation Act. 2001" respectively. 4. Exemption :- Notwithstanding anything contained in clauses (a), (b) and (c) of Section 3, a loud-speaker may be used and played with the permission in writing of the prescribed authority for any cultural, educational or humanitarian purposes or for purposes connected with the maintenance of law and order. 5. Application for permission to Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 8/45 use loud-speaker :- (1) Every application for permission under section 3 or 4 shall be made to the prescribed authority in the prescribed form and shall bear a court-fee stamp of one rupee: Provided that no fees shall be charged for applications for the use and play of loud-speakers for humanitarian purposes or for purposes connected with the maintenance of law and order. (2) The prescribed authority may grant or reject the application and, in granting such application, may impose any restriction or condition subject to which the applicant may use and play a loud-speaker. 6. Cognizance of offence under this Act :- No Magistrate shall take cognizance of an offence under this Act except on a complaint made by, or at the Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 9/45 instance of, the person aggrieved by such offence or upon a report in writing made by any police officer: Provided that nothing contained in this section shall affect the provisions of the Code of Criminal Procedure, 1973)1 (2 of 1974), in regard to the powers of certain Magistrate to take cognizance of offences upon information received or upon their own knowledge. 1. Substituted for old Code. 7. Power to seize loud-speaker :- (1) Any police officer, not below the rank of assistant sub-inspector of police, who finds a person using and playing a loudspeaker in contravention of the provisions of this Act, may seize the loud- speaker. (2) Such police-officer of any Court before which the loud-speaker is produced may release it in favour of any person claiming to be entitled to the Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 10/45 possession thereof on his executing a bond with or without sureties, to the satisfaction of the police officer or the Court, engaging to produce the laud-speaker whenever called upon to do so. 8. Offences to be bailable :- An offence under this Act shall be bailable. 9. Penalty Any person who contravenes any of the provisions of this Act shall be punishable with imprisonment which may extend to one month or with fine which may extend to one hundred rupees or with both; and the Court trying such contravention may, on conviction of such person, direct that the loud-speaker seized under section 7 shall be forfeited to Government: Provided that when the owner of the loud-speaker is a person other than the person convicted, the Court shall, before passing the order of forfeiture, give such Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 11/45 owner a reasonable opportunity of showing cause, if any against such order. 10. Power to make rules :- The State Government may, after previous publication in the official gazette, make rules for carrying out the purposes of this Act. 11. Repeal :- The Bihar Control of the Use and Play of Loud-Speakers Act, 1947 (Bihar Act XIII of 1950), is hereby repealed. 7. Mr. Ajay has taken this Court to Section 3 of ‘the 1955 Act’ which clearly defines the kind of restrictions. According to him, Section 5 which mandates application for permission to use the loud speaker is being violated by each and every individual in the State of Bihar in general and in the State Capital in particular. It is his further submission that Section 7 deals with the power to seize the loud speakers. 8. He has pointed out that in the Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 12/45 year 1955, there was only loud speaker existing which has now given way to the DJs having multiple speakers in a trolley which crosses each and every street including the different Hospitals in and around the city with the sound level almost thousand times of what has been prescribed. This has not only affected the people with heart disease, old persons but also in some cases, it has led to the abortion of the pregnant lady. According to him, at that time, ‘the Board’ itself was not in existence which now has got an active role to control the pollution in and around the State of Bihar, particularly, State Capital. 9. He has further taken this Court to the Noise Pollution (Regulation and Control) Rules, 2000 (henceforth, for short ‘the 2000 Rules’) relating to noise pollution which has been issued by none less than ‘the Board’ itself. 10. It is appropriate to incorporate the short Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 13/45 Regulation which is/are as follows: /ofu iznw"k.k ¼fofu;eu ,oa fu;a=.k½ fu;ekoyh] 2000 The Noise Pollution (Regulation and Control) Rules, 2000 fofHkUu L=ksrksa ls gksus okyh /ofu iznw’k.k dh jksdFkke gsrq i;kZoj.k ,oa ou ea=ky;] Hkkjr ljdkj }kjk i;kZoj.k ¼laj{k.k½ vf/kfu;e 1986 ds vUrxZr ^^ /ofu iznw’k.k ¼fofu;eu ,oa fu;a=.k½ fu;ekoyh] 2000 ^^ ¼;Fkk la”kksf/kr½ vf/klwfpr gSA 1- bl fu;ekoyh ds rgr fofHkUu {ks=ksa ds fy, “kksj ds lanHkZ esa ifjos”kh; ok;q xq.koRrk ekud fu/kkZfjr gS ¼vuqlwph esa n`’VO;½A mijksDr ekud ds vuqdwy ifjos”kh; ok;q dh xq.koRrk cuk;s j[kus rFkk “kksj ds fofHkUu L=ksrksa dks fu;af=r djus ds mn~ns”; ls vf/klwfpr ^^^^ /ofu iznw’k.k ¼fofu;eu ,oa fu;a=.k½ fu;ekoyh] 2000 ^^ ¼;Fkk la”kksf/kr½ dk vuqikyu lqfuf”pr fd;k tkuk vfuok;Z gSA 2- mDr fu;ekoyh ds fu;e &2 ¼x½ ds rgr “kksj ds lanHkZ esa ifjos”kh; ok;q xq.koRrk cuk;s j[kus gsrq ftyk inkf/kdkjh] iqfyl vk;qDr ;k ,slk dksbZ vU; vf/kdkjh Hkh gS tks iqfyl mi&v/kh{kd ds in ls uhps dk u gks] izkf/kdkjh ¼Authority½ ?kksf’kr gSA jkT; ljdkj dh vf/klwpuk la[;k&ou I;kZ-05@10&151¼bZ-½] fnukad& 11-03-2016 }kjk lHkh vkj{kh v/kh{kd] lHkh vij lekgrkZ] lHkh vuqeaMy inkf/kdkjh] lHkh ou izeaMy inkf/kdkjh] lHkh lgk;d ou laj{kd] lHkh ftyk [kuu inkf/kdkjh] lHkh lgk;d ftyk Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 14/45 [kuu inkf/kdkjh] lnL;&lfpo] fcgkj jkT; iznw’k.k fu;a=.k i"kZn~ ,oa lHkh vuqeaMyh; iqfyl inkf/kdkjh ¼S.D.P.O.½ fu;ekoyh ds fu;eksa ds izHkkoh vuqikyu gsrq izkf/kdkjh ¼Authority½ vf/klwfpr gSaA 3- /ofu ds laca/k esa vf/klwfpr ifjos kh; ok;q ” xq.koRrk ekud ds vuqdwy cuk;s j[kus gsrq fuEufyf[kr O;oLFkk cuk;h x;h gS%& i ykmMLihdj ;k yksd&lEcks/ku iz.kkyh dk mi;ksx izkf/kdkj ls fyf[kr vuqKk izkIr djus ds i'pkr~ gh fd;k tkuk gSA ii ykmMLihdj ;k yksd&lEcks/ku iz.kkyh ;k dksbZ /ofu mRiUu djus okyk ;a= ;k ok| midj.k dk mi;ksx ¼can ifjlj ;Fkk vkWfMVksfj;e] lEesyu d{k] lkeqnkf;d gkWy] izhfr Hkkst gkWy esa lalwpuk dk;Z ds flok;½ jkf= esa ugha fd;k tkuk gSA iii lkoZtfud LFky] tgka ykmMLihdj ;k yksd&lEcks/ku iz.kkyh ;k dksbZ /ofu dk dksbZ vU; L=zksr mi;ksx esa yk;k tk jgk gS] dh pkjnhokjh esa /ofu Lrj] {ks= ds fy, ifjos kh; /ofu Lrj ls ” 10 dB(A) T;knk ;k 75 dB(A) tks Hkh de gks] lqfuf pr ” fd;k tkuk gSA iv fdlh futh LokfeRo dh /ofu iz.kkyh ;k /ofu mRiUu djus okys midj.k dk ifj/kh; /ofu Lrj] futh LFkku dh pkjnhokj esa] ml {ks= tgka ;g mi;ksx esa Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 15/45 yk;k tk jgk gS] ds fy, ifjos'kh; /ofu ekud ls 5 dB(A)- ls vf/kd ugha gks] lqfuf pr fd;k tkuk gSA ” v ykmMLihdj ;k yksd&lacks/ku iz.kkyh] /ofu mRiUu djus okys ;a= ,oa Hkksaiw ¼gkWuZ½dk mi;ksx “kkar ifj{ks=ksa ;k jkf= le; esa vkoklh; {ks=ksa esa lkoZtfud vkikr ds flok; ugha fd;k tkuk gSA vi /ofu mRlftZr djus okys iVk[ksa “kkar {ks= ;k jkf= le; esa ugha QksM+k tkuk] lqfuf'pr fd;k tkuk gSA vii jkf= ds nkSjku “kkar vkSj vkoklh; {ks=ksa esa /ofu mRlftZr djus okyh fuekZ.k e”khuksa dk mi;ksx@lapkyu ugha djuk] lqfuf”pr fd;k tkuk gSA viii dsUnzh; eksVj okgu fu;ekoyh&1989 ds fu;e&119 ds rgr fdlh Hkh okgu esa eYVh&VksUM gkWuZ ftlls fpUrktud “kksj mRiUu gksrk gks] dk mi;ksx izfrcaf/kr gSA 4- /ofu iznw"k.k fu;a=.k mik;ksa dks izo`Rr djus dk nkf;Ro% a vf/klwfpr @of.kZr izkf/kdkjh ¼Authority½] /ofu iznw’k.k fu;a=.k mik;ksa ds izorZu vkSj /ofu ls lacaf/kr ifjos”kh; ok;q xq.koRrk ekudksa ds lE;d ikyu ds fy, mRrjnk;h gSA b jkT; iznw’k.k fu;a=.k Ik’kZn~ }kjk dsUnzh; iznw’k.k fu;a=.k cksMZ ds ijke kZ ls /ofu iznw’k.k ls lacaf/kr ” rduhdh vkSj lkaf[;dh vkadM+s laxzghr] ladfyr vkSj izdkf kr fd;k tkuk gSA ” Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 16/45 5- “kkar {ks= esa fdlh mYya?ku ds dkj.k 'kfLr@ tqekZuk ¼Penalty½% tc dksbZ O;fDr “kkar {ks= ds vUrxZr vkus okys fdlh LFkku esa fuEufyf[kr dksbZ vijk/k djrk gS rks og i;kZoj.k ¼laj{k.k½ vf/kfu;e 1986 ds mica/kksa ds vuq:i “kkfLr@tqekZuk ¼Penalty½ ds fy, mRrjnk;h gksxk%7 i fdlh izdkj dk laxhr xkrk@ctkrk gS ;k dksbZ /ofu izo/kZd iz;ksx djrk gS] ;k ii <ksy@VkWe&VkWe ihVrk gS ;k gkWuZ ctkrk gS pkgs og laxhre; gks ;k nckus okyk ;k rqjgh ctkrk gS ;k fdlh ;a= dk ihVrk gS ;k ctkrk gS] ;k iii HkhM+ vkdf’kZr djus ds fy, vuqdj.k”khy] laxhre; ;k vU; vfHku; iznf”kZr djrk gS] ;k iv /ofu mRlftZr djus okys iVk[ksa QksM+rk gS] ;k v ykmMLihdj ;k yksd lacks/ku iz.kkyh dk mi;ksx djrk gSA 6- izkf/kdkjh dks dh tkus okyh f kdk;rsa% ” a) dksbZ O;fDr] ;fn /ofu Lrj ifjos”kh; /ofu ekud ls 10 dB(A) ls T;knk o<+ tkus ;k jkf= ds nkSjku yxk;s x;s izfrca/kksa ds ckjs esa bl fu;ekoyh ds fdlh mica/kksa ds mYya? ku dh fLFkfr esa izkf/kdkjh dks f”kdk;r dj ldsxkA b) izkf/kdkjh] f”kdk;r ds vkyksd esa dk;Zokgh djsxk vkSj mYya?kudrkZ ds fo:) bu fu;eksa vkSj izo`Rr fdlh vU; fu;ekoyh ds mica/kksa ds vuqlkj dk;Zokgh djsxkA Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 17/45 7- naMkRed O;oLFkk%& bu fu;eksa dk mYya?ku i;kZoj.k ¼laj{k.k½ vf/kfu;e] 7986 dh /kkjk 15 ds vUrxZr fn;s x;s naMkRed O;oLFkk dks vkd`’V djsxk tks ,sls vijk/kksa ds fy, T;knk ls t;knk 5 o’kksZa rd dk dkjkokl] tqekZuk ds fcuk vFkok vf/kdre ,d yk[k #i;s rd tqekZuk vFkok nksuksa dh ltk rd naMuh; gSA vuqlwfp [ fu;e 3 ¼1½ vkSj 4 ¼1½ nsf[k, ] /ofu ds laca/k esa ifjos”kh ok;q xq.koRrk ekud {ks= dk dksM {ks=@ifj{ks= dk izoxZ dB(A) leqesa lhek fnu dk le; jkr dk le; ¼d½ vkS|ksfxd {ks= 75 70 ¼[k½ okf.kT; {ks= 65 55 ¼x½ vkokfl; {ks= 55 45 ¼?k½ “kkar ifj{ks= 50 40 fVIi.k% 1- fnu ds le; ls vfHkizsr gS iwokZg~u 6-00 cts ls vijkg~u 10-00 cts rdA 2- jkf= ds le; ls vfHkizsr gS vijkg~u 10-00 cts ls iwokZg~u 6-00 cts rdA 3- “kkar ifj{ks= og {ks= gS tks vLirkyksa] “kS{kfud laLFkkuksa] U;k;ky;ksa] /kkfeZd LFkkuksa ;k ,sls vU; {ks= ftls l{ke iznkf/kdkjh }kjk bl izdkj Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 18/45 ?kksf’kr fd;k x;k gS] ds vkl & ikl de&ls&de 100 ehVj esa lekfo’V gSA½ 4- fefJr izoxksZa ds {ks= l{ke izkf/kdkj }kjk mij of.kZr pkj izoxksaZ esa ls ,d ?kksf’kr fd, tk ldrs gSaA dB(A) leq |ksrd gS ekuoh; Jo.k ls lacaf/kr ekid ^,^ ij Mslhcy esa /ofu dk le; Hkkfjr vkSlr LrjA Hkkfjr vkSlr LrjA ^Mslhcy ^ og ,dd gS ftlesa /ofu ekih tkrh gSA dB(A) leq esa ^,^ |ksrd gS /ofu ds eki esa vko`fr Hkkj vkSj ekuoh; dku dh vko`fr mRrj y{k.kksa ds le:i gSA Leq % ;g fofufnZ’V vof/k esa le; Hkkfjr vkSlr Lrj gSA 11. He has taken this Court to Section 3 of ‘the 2000 rules’ to show that the: i) a permission is mandatory; ii) it cannot be used in an open place in the night and the details of where to be used has also been incorporated; iii) the sound level has been recorded as 10dB(A) which cannot be above 75dB(A). 12. He has again taken this Court to paragraph 5 to show that penalty has also been prescribed if the same is violated. He Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 19/45 submits that ‘the Board’ is doing nothing to make the State Pollution free. 13. The learned Senior Counsel submits that even otherwise, besides health hazard that is being created by the said noise pollution, the school going children, the young college students as also the persons who are preparing for the competitive exams, their entire routine has been affected as there is not a single street of the capital city left where the DJ trolley is/are not affecting. It is his further submission that even otherwise, the high decibel level of the sound in an open place during an event has completely made the life of the citizen of the city hell. 14. Mr. Shivendra Kishore, learned Senior Counsel representing ‘The Board’ submits that it is an advisory body and can point out the things that can be corrected/ can advise the appropriate authority who ultimately has to act. Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 20/45 15. Upon query of the Court that whether the points raised by Mr. Ajay who has been requested to assist the Court is not worth consideration and further whether what was the last advice given to the appropriate authority regarding the sound pollution that has been pointed out by both learned counsels Mr. Raj Shekhar and Mr. Ajay, there is no answer. 16. Mr. Shivendra Kishore, learned Senior Counsel though admit that being a citizen of this city, he too has faced such problem, wants some time to bring on record all the facts and the steps that has been taken by ‘the Board’ to control the sound pollution in the city. 17. The affidavits may take time, it is high time that from today itself, ‘The Pollution Control Board’ not only act, it should be seen to be acting in furtherance of ‘the 1955 Act’ as also ‘the 2000 Rules’and the result should be seen by the citizen of Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 21/45 this city from tomorrow itself. 18. The learned lawyers present in the Court are free to submit their short affidavits on this point, their suggestions as also whether the points raised by the amicus curiae has been seriously taken by ‘the Board’ or not and whether there is any change in the Capital City or not. 19. At this stage, Mr. Shivendra Kishore, learned Senior Counsel submits that the Director and the Secretary shall be meeting today itself and will be taking the corrective measures and issue necessary interim advisory to the District Administration (District Magistrate, Patna)/Senior Superintendent of Police, Patna and a comprehensive order shall be passed thereafter so that the entire State of Bihar is benefited. 20. Since the order has been passed both in the presence of Mr. Shivendra Kishore, learned Senior Counsel as also Mr. Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 22/45 Kumar Ravish, learned Counsel representing ‘the Board’, this Court expects a positive action followed by show cause as it cannot become a white elephant on the State Government being paid from the State exchequer but allowing the people to suffer without any action taken in the matter. 21. It is reiterated that the learned lawyers who want to chip in in the present case can file their respective short affidavits bringing on record their suggestions/the improvements that has/have come in the city. 22. As prayed for, list this case on 14.02.2025”. 5. The case thereafter was taken up on 26.03.2025 when the Court passed order as under: “Heard Mr. Ajay, learned Senior Counsel and Amicus Curiae appointed by the Court to assist in the matter as also Mr. Shivendra Kishore, learned Senior Counsel for the Bihar State Pollution Contol Board, Patna (henceforth for short ‘the Board’). 2. It is unfortunate that despite the order passed on Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 23/45 21.02.2025, no supplementary show-cause has been filed to show what steps have been taken by the Opposite Party. 3. Learned Amicus Curiae has taken pains and burnt midnight oil which is reflected from the points formulated by him and need to be looked into. It read as follows:- “Guidelines for Control of Noise Pollution in Patna In order to effectively control noise pollution in Patna, the Hon'ble Court may issue comprehensive guidelines by considering the existing statutory framework under the Environment Protection Act, 1986, the Noise Pollution (Regulation and Control) Rules, 2000, and relevant Bihar State laws, rules, and notifications related to noise and pollution control. Statutory Framework in Bihar Relevant to Noise Pollution: 1. The Bihar State Pollution Control Board Act, 1974: * Empowers the Bihar State Pollution Control Board (BSPCB) to regulate and control pollution, including noise pollution. * BSPCB can prescribe permissible decibel levels and take action against violators. Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 24/45 2. Bihar Control of the Use & Play of Loud-Speakers Act, 1955: * It prohibits the use of loudspeakers without prior permission from the local authorities. * Violations attract penalties, including fines and confiscation of the loudspeakers. 3. Bihar Police Act, 2007: * Authorizes the police to maintain public order, including the regulation of noise levels during public gatherings, protests, and religious events (Chapter IX, section 68). 4. Bihar Municipal Act, 2007: * Empowers the municipal authorities to regulate public nuisance, including noise pollution (Chapter XXVIII). * Grants authority to regulate the use of loudspeakers in public spaces. 5. The Noise Pollution (Regulation and Control) Rules, 2000 (Central Rules): * Defines permissible decibel limits in residential, industrial, commercial, and silence zones. * Prohibits the use of loudspeakers or public address systems during night hours (10:00 PM to 6:00 AM), except with prior permission. Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 25/45 * Provides for penal actions for violations. 2. Suggested Guidelines for the Court to Issue: A) Regulation of Loudspeakers and Amplified Sound: (i) Permitted Timeframe: Prohibit the use of loudspeakers, DJs, and public address systems 10:00 PM and 6:00 AM. (ii) Decibel Limit Enforcement: * Prescribe the following permissible noise levels per the Noise Pollution Rules, 2000: Residential areas: 55 dB (day) and 45 dB (night) Commercial areas: 65 dB (day) and 55 dB (night) Industrial areas: 75 dB (day) and 70 dB (night) Silence zones: 50 dB (day) and 40 dB (night). (iii) Mandatory Permits: * Mandate prior permission the local administration (District Magistrate/SDO) for the use of loudspeakers in public events. Violation to attract fines and confiscation of equipment. (B) Monitoring and Enforcement Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 26/45 Mechanism: i) Noise Monitoring Committees: Direct the formation of District-Level Noise Monitoring Committees in Patna, consisting of officials from: (a) Bihar State Pollution Control Board (BSPCB) (b) Police Department (c) Municipal Corporation These committees should conduct regular decibel monitoring in sensitive areas (residential, silence zones, hospitals, and educational institutions). (ii) Hotline and Complaint Mechanism: a) * Set up an effective and prompt dedicated helpline and online portal (112) for lodging complaints regarding noise pollution. b) * Ensure prompt action on complaints within prescribed hours. C) Control over Events: i) Prior Approval: a) * Mandate prior approval from the District Magistrate or SDO for processions, religious functions, and social events using sound systems. ii) Restrictions in Silence Zones: Prohibit the use of loudspeakers and musical instruments in silence zones (near hospitals, schools, courts, and religious places). iii) Event-Specific Guidelines: Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 27/45 Set maximum decibel limits for marriages, religious functions, and rallies. Ensure strict enforcement during political campaigns and rallies. D) Penal Provisions for Violators: i) fines and Penalties: * First violation: Fine of 5,000 and ₹ seizure of equipment. * Repeated violation: Fine of 10,000 ₹ and legal action under Section 15 of the Environment Protection Act, 1986 (imprisonment up to 5 years or fine up to 21 lakh). ii) Strict Enforcement by Police: * Empower police officers of the rank of SI or above to take immediate action in case of noise pollution complaints. E) Awareness and Sensitization Programs: i) Public Awareness: a) * Direct the Bihar State Pollution Control Board and local authorities to organize awareness campaigns on the harmful effects of noise pollution. b)* Distribute pamphlets, posters, and promote messages through electronic and social media. Public Display of Noise Levels: Install digital noise meters in sensitive areas (near hospitals, schools, and courts) displaying real-time noise levels. Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 28/45 3. Legal Precedents and Supporting Judgments: In Re: Noise Pollution, (2005) 5 SCC 733: * The Supreme Court issued strict guidelines regulating the use of loudspeakers and controlling noise pollution, which can serve as a reference for Patna. Forum, Prevention of Environment and Sound Pollution v. Union of India, (2005) 10 SCC 510: The Court held that unnecessary noise beyond permissible limits is a violation of Article 21 (Right to Life) and directed strict regulation of noise pollution. 4. Conclusion: Based on the Delhi High Court's judgment in Free Legal Aid Cell Shri Sugan Chand Aggarwal alias Bhagatji v. Govt. of NCT of Delhi & Ors., (2001 SCC OnLine Del 713), the Hon'ble Court may issue the following comprehensive guidelines for Patna: 1. Strict regulation of loudspeakers and amplified sound, with mandatory permissions. 2. Protection of silence zones with a complete ban on noise-emitting devices. 3. Formation of District Level Noise Monitoring Committees. 4. Strict enforcement of penal provisions, including fines and confiscation of Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 29/45 equipment. 5. Public awareness campaigns and real-time display of noise levels. These measures would ensure effective regulation, enforcement, and public compliance, creating a healthier and noise-free environment in Patna” 4. This Court appreciates the effort of Mr. Ajay. ‘The Board’ on the other hand is in the habit of shrugging of its responsibility but cannot deny the fact that it can take steps so far as it relates to Clause (E) Awareness and Senstization Program by Creating Public Awareness- Distributing pamphlets, posters and putting in messages in the radio/television as also the newspapers. It should have also installed digital noise metres in sensitive areas like Hospitals, Schools and Courts which would create public awareness regarding the need to take precautionary steps. 5. Mr. Ajay has further taken this Court to an order of Delhi High Court in the case of Free Legal Aid Cell Shri Sugan Chand Aggarwal @ Bhagatji v. Govt. of NCT of Delhi & Ors reported in 2001 SCC OnLine Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 30/45 Del 713 with specific reference to paragraph-25 which reads as follows:- “25. Noise pollution can be curbed by adopting certain measures. Environment eco- friendly technology should be adopted. Machinery should be designed and manufactured in such a way that it should not create more sound than allowable noise limits. Roads should be made sound proof, trees should be planted on both sides of the roads and outside the big factories and industries. Public awareness among masses should be created through seminars, conferences and the evil effects of noise free as it is rightly said that God is not deaf. Flights of aero planes should be also planned to curb noise. Noise Code regulating all aspects of noise pollution should be highlighted. Houses of God should be kept peaceful and noise pollution may be enacted. As the problem of noise pollution has already crossed the danger point and noise like a smog is threatening as a slow agent of death, measures are needed to be taken in this regard, some of them being as follows:- Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 31/45 (i) The prescribed standards regarding noise by Govt. of India may be enforced strictly in letter and spirit. (ii) Separate Courts regarding noise pollution may be established. (iii) The cases should be decided within a prescribed time limit. (iv) All District Magistrates and Sub- Divisional Magistrates should be empowered to issue prohibitory orders under Section 144 of the Code of Criminal Procedure, 1973 limiting the hours of loudspeakers in religious places and for other social gatherings and functions. (v) The subject of environment protection may be made compulsory at school, college and University levels. (vi) The press and media should play a constructive role to highlight disastrous effects of noise pollution and its remedy. (vii) The District Administration and the concerned Pollution Control Boards should work out the modalities to prevent catastrophic effect of Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 32/45 noise pollution by ensuring strict compliance with the statutory provisions, scanty though they are. (viii) Both Central Government and State Government should consider the desirability of having adequate legislative measures to prevent this fast growing menace which though appears to be 'silent' has in fact potentialities of producing a future generation of deaf persons. (ix) Permanent monitoring bodies should be appointed to make periodic review of the situation and suggest remedial measures. The composition of such body has to be determined by the State/Central Government. (x) Use of firecrackers in religious festivals, marriage processions etc. should be regulated properly. It should be ensured that they are used in residential areas in such a manner that there is no likelihood of danger to life and property. In marriage processions, use of firecrackers on the public streets shall be prohibited. Use of firecrackers like anars, phuljaris and the like which do not have wider danger potential may, however, Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 33/45 be permitted in restricted manner. It may be permitted at the place of marriage in the open area comprising not less than 100 metres around it. (xi) Use, if any, permitted should also be between specified time-periods and should not be permitted in silence zones, hospitals, nursing homes and other health centers. (xii) Periodic display in Press and electronic media should be made about the desirability of young children not using dangerous firecrackers and safe use thereof. (xiii) Rule 5(2) of the Noise Pollution Rules restrict the use of loudspeakers, public address system at night, i.e., between 10.00 p.m. to 6.00 a.m., except in closed premises, like auditorium, etc. These devices cannot be used even during the day without obtaining permission in terms of Rule 5(1) but experience shows that the Rule is more observed in breach than in observance. We direct that the authority empowered to take action under the said Rules shall give vide publicity to the Rule by inserting appropriate advertisements in at least six Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 34/45 national daily newspapers. It will be the responsibility of the area S.D.Ms. to see that the Rule is strictly adhered to in letter and spirit. Any default in this regard will be treated as misconduct and the defaulting officer shall be liable for disciplinary action, besides action for disobeying Court's order.” 6. This Court has also recorded the guidelines and the order of Hon’ble Delhi High Court. If the Bihar State Pollution Board goes through it and follows it religiously, the citizen of the State will definitely get respite from continuous noise/air pollution. ‘The Board’ will have to think, the precious lives of the citizen of Bihar is/are at stake. Every day/night, the air/noise pollution has made the life of the people miserable. 7. This Court has repeatedly opined that Bihar State Pollution Control Board is actually confined to the State capital only and as such, it should be renamed as Patna Pollution Control Board. This is because that not only the capital city, it further has no concern about the pollution condition of the different districts of this State. Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 35/45 8. An example in hand is the Supaul district. In the heart of the city is situated Gandhi Maidan near which a flyover is being constructed since ages. However, neither the Executive Officer, Nagar Parishad, Supaul nor the Executing Agency is/are taking any step to sprinkle water around the under construction site as a result whereof, the entire area remains dusty all through the year. The fact that ‘the Board’ is unaware of it clearly shows that they are confined to the capital city while the citizen of Supaul are forced to inhale the dust. If ‘the Board’ surveys the area and calls for Medical Report, it will come to know about the death due to pollution. Who is responsible for the sufferings. Can the Pollution Control Board be exempted for the said situation. 9. Same is the situation near the Bhutaha Chowk on the NH 27 in the district of Madhubani through which people traverse to Nirmali (Supaul). Once the vehicle enters at Bhutaha Chowk from NH27and move towards Nirmali, dust ball greets the visitor. This continues for kilometres. Brick kiln construction is/are going over there without following the procedures they have to adhere to and ‘the Board’ which is/are one of the agency granting certificate, they are liable to be held Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 36/45 guilty for the said criminal act. 10. On the next date of hearing, this Court would like to hear from ‘the Board’ on the steps it took relating to the different districts where the pollution level is too high. ‘The Board always harp on the complaint needed to act. In this order, the facts have been incorporated and ‘the Board’ is well advised to treat is as complaint. 11. Mr. Shivendra Kishore, learned Senior Counsel submits that unfortunately, supplementary show-cause could not be filed but in compliance of the order dated 21.02.2025, ‘the Board’ shall be filing the same within two weeks on 11.04.2025. 12. It is his further submission that ‘the Board’ has to rely on the District Administration/Police Officials and unless they look into the matter and take positive steps/cooperate, ‘the Board’ being Advisory Body, they cannot move much. 13. Learned Amicus Curiae in reply submits that there is absence of will power with ‘the Board’ inasmuch as wherever it is interested, they see to it that the Unit is closed, the pollution is removed. Here, there is no such will power with ‘the Board’ which reflects from the fact that no reminder has been issued to the District Administration/ Police Officials nor the same has been brought on record by way of supplementary Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 37/45 show-cause. 14. Learned Senior Counsel for ‘the Board’ submits that in absence of proper instruction, he is not in a position to submit whether the reminder has been actually sent or not. He further submits that the District Magistrate, Patna as also the Senior Superintendent of Police, Patna have to take positive steps and take the advisory sent by ‘the Board’ seriously. 15. The point raised by the learned Senior Counsel for ‘the Board’ has been well taken. The District Magistrate, Patna as also the Senior Superintendent of Police, Patna are requested to look into the matter and see to it that the advisory sent by ‘the Board’ is taken up seriously and follow up action is/are also taken. They have to realize that the noise/air pollution is/are taking heavy toll on the health condition of the citizen of the capital city specially the old aged persons, the infant as also the pregnant lady. 16. List this case on 11.04.2025 when the matter shall be taken up/appropriate order shall be passed, once the supplementary show-cause of ‘the Board’ comes on record. This Court expects that ‘the Board’ shall also be submitting the Action Taken Report with regard to the pollution condition in Supaul/Bhutaha Chowk area. 17. Let a copy of the order be communicated to the Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 38/45 office of the District Magistrate, Patna as also the Senior Superintendent of Police, Patna for their perusal and the needful. 18. List this case on 11.04.2025. 6. Pursuant to the last order, an affidavit came to be filed and if the same is read in toto, the Court has to believe that the State in general and in Patna in particular stands cleared of all the noise/air pollution. However, the ground realities is/are quite different and everyone present in the Court room shall disagree with what has been incorporated in the affidavit. 7. For the record, ‘the Board’ has brought two letters dated 04.03.2025 and 02.04.2025 issued by ‘the Chief Engineer Road Construction Department, Bihar and ‘the Board’ respectively to show their genuineness in making the State air/sound pollution. However, as recorded, the ground reality is quite different and the letters are only gathering dust in the files. 8. Muradpur, Patna is present in the heart of the city between Gandhi Maidan and National Institute of Technology, Patna with Patna University, the P.M.C.H, the Patna Civil Court as also famous Patna Market/Ashok Market is an example. This place (Muradpur) can be put in the category of the dirtiest and most noise/pollution polluted place in the world. Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 39/45 9. ‘The Board’ officials are sitting in the air- conditioned office/chambers issuing advisories as according to them, they only have the power to issue advisories. The officials have completely taken their hands off from the everyday sufferings of the citizen of Patna not to talk about the State of Bihar. Those who have been assigned the duty of ensuring noise/pollution free environment in the State have raised their hands. 10. In the process, they have completely forgotten the purpose for which they have been put inside the premises of ‘the Board’. The Court realises that and only to complete the formalities, pursuant to the last order passed, they took up the heavy job of sending few letters, two amongst them to the District Magistrate, Patna as also to the Senior Superintendent of Police, Patna to submit report on the steps they have taken. The two letters are numbered 300 and 301 both dated 27.03.2025. 11. Mr. Ajay, learned Amicus Curiae submits that it is too much to expect from the ‘the Board’ considering their attitude as despite the number of orders passed earlier, they have not taken basic steps of informing the Citizen of the City/State of Bihar on what to do to make the State pollution Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 40/45 free and to start with at least not to blow horns on Sunday so that for one day, the city gets some respite. 12. Mr. Shivendra Kishore learned Senior Counsel for ‘the Board’ repeated what the Court has heard number of times from him i.e. (i) ‘the Board’ act only on complaint; (ii) can only issue advisory; (iii) it is the State officials who ultimately have to act. 13. This Court in that background, refrains from commenting any further on their attitude. However, one must remember that the country has shown to the world that during Corona Vaccination/Polio vaccination, regular information to every citizen through all forums available, the citizen were taken into confidence and if ‘the Board’ could have decided to follow suit and sensitize the people, certainly the citizen would have acted upon it. 14. They could have taken steps and sensitized the people of the State of Bihar through Radio, Television, Newspapers, pamphlets requesting them not to use horn around Hospitals, Schools and Colleges etc. and/or throw the belongings on the road/footpaths. They could have also regularly inspected the ongoing construction site and if found Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 41/45 violative of advisory, could have imposed fine. 15. ‘The Board’ should also have put pressure on the officials to see to it that those who do not conform to the decibel level while using their Speakers, their DJ could have been seized/appropriately fined and booked under the appropriate sections of law. 16. This Court reiterates that the ground reality remains same between the last order and today and the capital city is still filled with noise/air pollution. There is no locality in the city where it can be seen that the either Administration and/or ’the Board’’s direction has been implemented. 17. This Court at one time wanted the Member Secretary of ‘the Board’ to be summoned and asked him to visit the polluted places of the City with the Amicus Curiae and the learned Senior Counsel for ‘the Board’ to have first hand experience of their complete failure and realize the everyday sufferings of the people. 18. As the order was at signing stage, came the news that when a Pune-Patna Flight was landing at the Jai Prakash Narayan International Airport, a D J laser light momentarily blinded the two Pilots and disrupted the aircraft stability. It was only due to the quick response of the Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 42/45 two Pilots that the aircraft had safe landing at the airport. 19. It is thus clear that all the orders/directives of the Court as also the advisories issued by ‘the Board’ has/have not been taken seriously and the D.J.’s people are having their field day under the nose of the District Administration/Patna Police. This is criminal negligence, to say the least. It would have been an International news that the laser beam of D.J. trolley led to plane accident in Patna, Bihar (India), had the aircraft which was landing met with an accident. All those who are assigned the role to ensure that the Rule of Law is followed should have been held responsible for the said criminal negligence. 20. It is high time, the District Administration/Patna Police come out of deep slumber and act fast as the D.J. people have taken their instruments to different heights. To start with, those manning the Airport Police Station should be immediately put on notice as it was their duties to ensure that the airport area is free of such incidence. 21. However, for the present, this Court simply directs the State respondents particularly the State Counsel to ensure that whatever direction has been issued by ‘the Board’ to the District Magistrate, Patna and the Senior Superintendent of Police, Patna as recorded above on Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 43/45 27.03.2025, the same be acted upon immediately. Failure to do so, certainly they shall be liable for contempt proceeding. 22. Further, in continuation, this Court directs ‘the Board’ to issue same kind of letters as sent to the DM and SSP, Patna (letter nos. 300 and 301 dated 27.03.2025) to all the District Magistrates and the Senior Superintendent of Police/Superintendent of Police across the State of Bihar within two weeks and copies of all the letters shall be handed over both to the Amicus Curiae, Mr. Ajay as also Mr. Shivendra Kishore, learned Senior Counsel for ‘the Board’ thereafter within the same period. 23. This Court thus disposes of the petition with the following orders: (i) ‘the Board’ shall seek compliance report from the DM/SSP, Patna pursuant to the letter no. 300 and 301 both dated 27.03.2025 issued by it; (ii) it shall further issue similar kind of letters to all the DMs/SSPs/SPs of the State of Bihar in the next two weeks; (iii) the DMs/SSPs/SPs of all the districts in the State of Bihar shall ensure Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 44/45 strict compliance of the direction of ‘the Board’ to make their districts air/noise pollution free by seeking reports from all the Police Stations on the steps they have taken to ensure that the D.J.s functioning under their jurisdiction continues only with the prescribed decibel level, else be heavily fined as per law/apparatus seized upon failure to pay fine; (v) the DM/SSP/SP of all the districts shall further ensure that the Hospitals/Colleges/Schools become ‘No Horn Zone’ and appropriate signs be placed at such places. Failure to abide by the signs, those honking should be fined. (v) regular information through Pubic Address System/Municipal bodies vehicle can be done so that the people start realizing the importance of peace without air/noise pollution; Patna High Court MJC No.2540 of 2024(6) dt.11-04-2025 45/45 (vi) the DMs/SSPs/SPs shall submit compliance reports to ‘the Board’ within four weeks from the letters/advisories sent by ‘the Board’. 24. ‘The Board’ in turn shall complete the file and hand it over both to the Amicus Curiae, Ajay as also Mr. Shivendra Kishore, learned Senior Counsel within ten weeks from the present order. 25. List this case on 04.07.2025 under the heading ‘To Be Mentioned’ to peruse the file. Ravi/- (Rajiv Roy, J) U