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Judgment
This application has been preferred by the applicants who are the office bearers of the Indian Medical Association, Cochin Branch. According to the applicants in the Pallimukku, M.G.Road, Kochi, there are two major hospitals namely, Medical Trust Hospital and Cochin Hospital. According to the applicants, exactly in the same area where these two hospitals are situated, the noise level is to the peak and affects the patients and respondents have not taken any steps to curtail the same for the purpose of improving public health. In fact, the measurement of noise pollution and the particulars given by the Assistant Environmental Engineer, Kerala State Pollution Control Board shows the worst aspect of noise pollution in the said area which states the particulars as follows:
1) Base line noise pollution 75 - 80 db
2) Two wheelers horn 81 - 85 db
3) Running bus 81 - 85 db
4) Car horn 83 - 88 db
5) Bus horn 92 - 94 db
The applicant has also given various particulars relating to the movement of vehicles in the area which causes the noise unabated. In these circumstances, he has moved Hon'ble High Court of Kerala by filing a W.P. No. 32109 of 2008 for a direction against the respondents to categorize the areas into industrial, residential and silence zone for implementation of noise standard in all cities and towns in Kerala, as provided under Rule 3 of the Noise Pollution (Regulation & Control) Rules 2000 and by erecting traffic signs as enshrined in the Motor Vehicles Act, apart from enforcing Rule 359 of Kerala Motor Vehicles rules and also for other relief. The counsel appearing for applicant has submitted that the issue is squarely covered by the Judgment of the Hon'ble High Court of Kerala rendered in K.N. Namboodiri & Ors.Vs. State of Kerala & Ors. reported in CDJ 2004 Ker. H.C. 026.
In the said Judgement, the Hon'ble High Court has dealt with the issue of noise pollution at length with reference to various statutory provisions. After extracting the relevant rules including rule 3 of the Noise Pollution (Regulation & Control) Rules 2000, the Hon'ble High Court has given various directions in its Judgement dated 22.8.2003 which are as follows:
In view of the above, I have no hesitation to hold that the State Government and its officers are empowered to take action to regulate noise pollution and maintain ambient air quality standards in respect of noise. In the circumstances, the State Government is directed to take appropriate necessary action to implement the mandates contained in the Noise Pollution (Regulation and Control) Rules, 2000. Necessary orders shall be issued by the Government in this regard.
Rule 3 of the Noise Pollution (Regulation & Control) Rules 2000 which speaks about the ambient air quality standard in respect of different areas and zones stipulates not only the standard but also states that it should be in accordance with the schedule contained in the rules. The schedule enables the State Government to categorize areas like industrial, commercial, residential and silence Zone etc. It also enables the State Government to regulate the vehicular movements, blowing of horns, bursting fire crackers, use of load speakers etc. For the better understanding of the importance of this rule, we are of the view that it should be highlighted, which is as follows:-
"Ambient air quality standards in respect of noise for different areas/zones.
(1) The ambient air quality standards in respect of noise for different areas/zones shall be such as specified in the Schedule annexed to these rules.
(2) The State Government may categorize the areas into industrial, commercial, residential or silence areas/zones for the purpose of implementation of noise standards for different areas.
(3) The State Government shall take measures for abatement of noise including noise emanating from vehicular movements and ensure that the existing noise levels do not exceed the ambient air quality standards specified under these rules.
(4) All development authorities, local bodies and other concerned authorities while planning developmental activity or carrying out functions relating to town and country planning shall take into consideration all aspects of noise pollution as a parameter of quality of life to avoid noise menace and to achieve the objective of maintaining the ambient air quality standards in respect of noise.
(5) An area comprising not less than 100 metres around hospitals, educational institutions and courts may be declared as silence area/zone for the purpose of these rules."
The schedule to the rule speaks about the ambient air quality standard in respect of various category/zones which are as follows:
"SCHEDULE
(see rule 3(l) and 4(l)
Ambient Air Quality Standards in respect of Noise
Area Code
Category of Area/Zone
Limits in dB(A) Leq *
Day Time
NightTime
(A)
Industrial area
75
70
(B)
Commercial area
65
55
(C)
Residential area
55
45
(D)
Silence Zone
50
40
Note
Day time shall mean from 6.00 a.m. to 10.00 p.m.
Night time shall mean from 10.00 p.m. to 6.00 a.m.
Silence zone is defined as an area comprising not less than 100 metres around hospitals, educational institutions and courts. The silence zones are zones which are declared as such by the competent authority.
Mixed categories of areas may be declared as one of the four above mentioned categories by the competent authority.
*dB(A) Leq denotes the time weighted average of the level of sound in decibels on scale A which is relatable to human hearing.
A "decibel" is a unit in which noise is measured.
"A", in dB(A) Leq, denotes the frequency weighting in the measurement of noise and corresponds to frequency response characteristics of the human ear.
Leq : It is an energy mean of the noise level, over a specified period."
Therefore, it is clear that regulating of noise pollution is now statutory duty of the State Government but unfortunately in spite of the order of the Hon'ble High Court of Kerala, which has given ultimate directions as early as on 22.8.2003, it is still contended after 12 years that the State Government has not taken any meaningful steps in this regard.
Therefore, we direct that at least from now onwards, the State Government shall implement the true spirit of rule 3 elicited above, keeping in mind the limits prescribed by the schedule to the said rules.
Needless to state that in the area like the present one wherein hospitals are situated, it is the duty of the government and the executive authority namely Traffic Police to see that air horn and other nuisance by the vehicles are totally avoided in the interest of the patients who are taking treatment.
Therefore, we direct the government of Kerala to implement the above said rules within a time bound manner throughout the State of Kerala and implementation shall be effected within 4 months from today and file a report to the Registry of this Tribunal. With the above directions, the application stands closed. No cost