Only 1 co making sound limiters: State on noise pollution PIL

Raipur: Chhattisgarh is facing a problem with getting sound limiters, which are needed to reduce noise pollution as there is only one company making these in West Bengal, according to an affidavit submitted by the state govt in the High Court, which is hearing a suo-moto public interest litigation (PIL) concerning noise pollution. The affidavit, filed by state chief secretary, stated that there is a single manufacturer of sound limiters, namely M/s West Bengal Electronics Industry Development Corporation Limited, primarily situated in the State of West Bengal. Procurement of the sound limiters mandated by the Nov 4, 2019 notification is facing some difficulties, the affidavit stated.

The chief secretary had submitted the affidavit in response to a high court order on Feb 24. Submitting that the state government is endeavouring to implement the notification diligently, the affidavit said that the state aims to completely eradicate the menace of noise pollution and is taking strict and positive steps in this regard. Discussions have also been initiated with relevant intervener to ensure the easy availability and quality of sound limiters. The affidavit also highlighted measures taken to curb noise pollution caused by sound systems in the state.The affidavit, submitted to the division bench of the High Court comprising Chief Justice Ramesh Sinha and Justice Arvind Kumar Verma, stated that a meeting was convened on Feb 7, 2024, with all the commissioners and collectors. During this meeting, instructions were issued stating that no sound system shall be sold, purchased, supplied, installed, used, or let out by any manufacturer, dealer, shopkeeper, or agency without a sound limiter installed. Executive Magistrates, Municipal Corporations, Municipal Councils, Gram Panchayat members, and officers are empowered to inspect the use of such sound systems.All collectors and commissioners were instructed to direct their respective superintendents of police (SPs) to provide information on the number of cases registered regarding the violation of state government notifications on noise pollution. If cases have not been registered, they were to outline the future course of action regarding such violations. The committees constituted at the police station-level were also instructed to take action to ensure compliance with these notifications.The affidavit further mentioned that the Secretary of Housing and Environment should provide a brief note regarding sound limiters. Additionally, the Collector of Bilaspur was specifically instructed to inform the new Superintendent of Police about the litigation and the proceedings taken in this regard, ensuring necessary action is being taken in compliance with the notification.It was stated in the affidavit that all district administrations are taking strict action to comply with the notification issued on November 4, 2019. District Magistrates and Commissioners have strictly instructed all Police Stations/Chowkis under their jurisdiction to comply with the notification. Inspection teams have been formed at the district, tehsil, and Police Station levels to enforce strict compliance, with instructions circulated to executive magistrates, Municipal Corporations, Municipal Councils, Gram Panchayat members, and officers.SDMs, Tehsildars, and Police Station in charge were directed to take appropriate action against DJ owners who had not installed sound limiters in their systems under the provisions of the Kolahal Niyantran Adhiniyam, 1985. A total of 102 notices have been served to DJ/sound system owners for non-compliance, resulting in fines totaling approximately Rs. 2,10,400 imposed by the District Courts in Chhattisgarh.Surya Kawalkar Dangi, the counsel representing the intervenor, pointed out in the affidavit that due to the non-availability of sound limiters outside the State of West Bengal, there was a delay in implementing the Nov 4, 2019 notification. The counsel emphasized that the Sound Limiter machine is available on various e-commerce platforms and it is the responsibility of the users/sellers of sound systems to procure and install the sound limiters, not the government.Advocate general Prafull N Bharat along with Y S Thakur, additional advocate general for the state government, submitted that further necessary steps would be taken, as required, to curb the menace of noise pollution.After hearing both parties, the court accepted the affidavit and scheduled the matter for review after four weeks.