WE HAVE A RIGHT TO SLEEP PEACEFULLY

M. K. Gupta
Noise Pollution (Regulation and Control) Amendment Act, 2010 says that in the residential areas, from 10 pm to 6 a.m. construction machines, crackers, fast music cannot be used/played. During this period, beating drums, musical or pressure horns, producing / making unnecessary / needless noise by any other means is a penal offence. Noise in factory or running diesel genset in residential areas is also banned.
In the public place, the noise of the loudspeaker should not be over 10 decibel and at home, TV etc cannot have the noise of over 5 decibel. During the festival, the state govt can extend the time limit from 10 p.m. to 12 pm. by issuing a notification at least 15 days in advance.

Hospitals, educational institutes and Courts etc. come under silence zone and within the periphery of 100 meters, these activities are banned. On the violation, the fine is Rs. one lakh and / or sentence.

Under Article 133 of the Cr.P.C., SDM and other authorized officers have been given powers to ban such activities which are harmful to public health or peace forthwith. Complaint under this should mention that due to such noise, the nearby residents are disturbed and the complaint should not be seen as an individual complaint.

TORT OF NOISE POLLUTION

Under this law, you can file an ordinary civil suit. Under this, orders for not only stopping the noise pollutions shall be issued but the person making noise will have to pay the reasonable compensation to the complainant also.
Under section 83 of Air Act, it is the duty of the in-charge of the Industrial Unit to inform the state pollution board immediately in case of the increase in the level of the noise pollution. The expenses to reduce the noise level shall be borne by the owner of the factory.
Under Section 19 of the Environment Protection Act, even an individual can submit any complaint against the noise pollution in the Court. But, the individual will have to inform of his such intention to the Central Govt. or an Authorized officer at lease 60 days in advance.
HELPLINE

* You can complaint to Police on 100 or at local police station.
* Against the regular noise pollution from some factory etc, you can inform to SDM of your area.
* You can also write to Delhi Pollution Control Committee, Forth Floor, ISBT Building, Kashmiri Gate, Delhi-110006. Phone 011-2386-9389, FAX- 011-2339-2034.
* Can also write to the Environment Deptt. of Delhi Govt. addressed to Dy. Secy. (Environment) Room No. C-604, Sixth Floor, C-Wing, Delhi Secretariat, IP Estate, New Delhi-110002. Ph. 011-2339-2028.
*To phone No. 155345 of Aapki Sunwai or through internet.

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