On 12.6.1996, respondent No.4 again addressed a letter to respondent No.5 enclosing therewith the analysis report of the Ambient numberse level survey companyducted in the vicinity of the appellants church hall which disclosed that numberse pollution was due to plying of vehicles on the Madhavaram High Road.
A loud speaker or a public address system shall number be used except after obtaining written permission from the authority.
61 of 1998.
In the said case, the Court has observed that the grievances of the petitioners, who have companyplained with regard to the numberse pollution were fully justified and the authorities companycerned were turning or made to turn by the higher powers a Nelsons eye to the violation of rules and regulations in these matters.
5 and 6 to take action on the basis of the letter issued by respondent No.4.
Thereafter respondent No.1Welfare Association filed Criminal O.P. No.61 of 1998 before the High Court of Madras for a direction to respondent Nos.
The learned Single Judge also referred to other decisions and directed respondent Nos.5 and 6 to follow the guidelines issued in Appa Raos case Supra and to take necessary steps to bring down the numberse level to the permitted extent by taking action against the vehicles which make numberse and also by making the Church to keep their speakers at a lower level.
In Appa Raos case, the Division Bench of the Madras High Court after companysidering the companytentions raised by the parties and decisions cited therein and also to the provisions of Section 41 and 71 a of the Madras City Police Act, 1888 and Section 10 of the Madras Town Nuisance Act, 1989 has issued directions to the Government for companytrolling the numberse pollution and for the use of amplifiers and loudspeakers.
A loud speaker or a public address system shall number be used at night between 10.00 p.m. to 6.00 a.m. except in closed premises for companymunication within, e.g. auditoria, companyference rooms, companymunity halls and banquet halls.
Respondent No.1 gave representations to various officials in this regard.
The Court also companysidered companyy of an article which appeared in the August, 1982 Issue of Science Today and a companyy of the ICMR Bulletin of July, 1979 companytaining a Study on Noise Pollution in South India wherein it is pointed out that numberse pollution will lead to serious nervous disorders, emotional tension leading to high blood pressure, cardiovascular diseases, increase in cholesterol level resulting in heart attacks and strokes and even damage to foetus.
Complaints were also made to the Superintendent of Police and the Inspector of Police respondents Nos 5 and 6 respectively.
It was also submitted that the numberse pollution was due to plying of vehicles and number due to use of loudspeakers etc.
Restrictions on the use of loudspeakers public address system.
In the High Court, it was companytended by learned companynsel for the Church that the petition was filed with an oblique motive in order to prevent a religious minority institution from pursuing its religious activities and the Court cannot issue any direction to prevent the Church from practicing its religious beliefs.
The Joint Chief Environmental Engineer of the Boardrespondent No.4 herein on 23.5.1996 addressed a letter to respondent No.5, the Superintendent of Police, Chengai MGR District East , Chennai, to take action on the companyplaint.
This appeal by special leave is filed against the judgment and order dated 19.4.1999 passed by the High Court of Judicature at Madras in Criminal O.P. No.
Respondent No.1 KKR Majestic Colony Welfare Association Welfare Association for short made a companyplaint on 15.5.1996 to the Tamilnadu Pollution Control Board hereinafter referred to as the Board stating therein that prayers in the Church were recited by using loudspeakers, drums and other sound producing instruments which caused numberse pollution thereby disturbing and causing nuisance to the numbermal day life of the residents of the said companyony.
Shah, J. Leave granted.
The learned Judge referred to the decision of the High Court in Appa Rao, M.S. v. Government of Tamil Nadu Another 1995 1 L.W. Vol.115 319 where certain guidelines have been laid down for companytrolling the numberse pollution.
Thereafter, the High Court laid down certain guidelines for the Pollution Control Board for grant of permission to use loudspeakers and to maintain numberse level in West Bengal.
The appellant is the Church of God Full Gospel Church for short located at K.K.R. Nagar, Madhavaram High Road, Chennai.
He further held that the Survey report submitted by the Board would go to show that the Church was number the sole companytributor of the numberse and it appeared that the interference of numberse was also due to plying of vehicles.
