Case title – noise pollution through modified Silencers (Suo Moto)(P.I.L.) v. State Of U.P. & Ors.
The Allahabad court today asked the state Government to file an affidavit indicating the steps taken to manage the menace of noise pollution generated through vehicles significantly two-wheelers and four-wheelers with modified silencers.
The Bench of Justice Dinesh Kumar Singh and Justice Ritu rule Awasthi has directed the govt , DGP, UP, Chairman, State Pollution board , and Deputy Commissioner of Police (Traffic), Lucknow to file their replies and announce the matter for more hearing on August 27th.
Here it is important to note that modifying the silencer of the two-wheeler or driving vehicle by removing or fixing the noise muffler is punishable beneath the provisions of Section 190 (2) of th Motor vehicles Act, 1988.
Comparing the menace of noise pollution with the legend of Hydra, the Allahabad court had, last month, took suo moto cognizance of noise pollution generated through changed silencers specifically Bullet Bikes, and also the different 2 wheelers.
The Bench of Justice Abdul Moin had determined that the matter of noise pollution is simply just like the hydra wherever anyone who tried to decapitate the Hydra found that as shortly one head was cutt off, 2 additional heads would emerge from the contemporary wound, such tons so as that the destruction of the Hydra became one in all the 12 Labours of Hercules.
The Court had more noted that currently the sound pollution is being knowledgeable through the changed mufflers on the silencers of two-wheelers additional significantly Bullets and different new era two-wheelers that speeding rushing on the streets of the capital .
Further, touching on the Noise pollution (Regulation and Control) Rules, 2000, the Court had determined that a mandate is placed on the authorities to require measures for abatement of noise as well as noise emanating from transport movements.