Noise Pollution: P&H High Court Seeks Status Reports On Use Of Loudspeakers In Gurudwaras

The Punjab and Haryana High Court has sought a status report from the state government in a case concerning the use of loudspeakers in Gurudwara located in a residential area in Ambala.

Aggrieved by the persistent noise emanating from the loudspeaker, a resident came forward by way of a Writ Petition titled “Abhilaksh Sachdev & Anr. Vs. State of Haryana & Ors.” filed before the Hon’ble Punjab & Haryana High Court, Chandigarh. The case of the Petitioner is that the Respondent Gurudwara has been indiscriminately using the loudspeaker during odd hours of the day and night, disregarding the fact that it is situated in a residential area resided by old/ ailing people and students as well. 

The Petitioners accentuated their grievance by asserting that they have been constantly writing to the concerned State Authorities since 2019. The Petitioners also sent legal notices to the Authorities, however, all the efforts of the Petitioners have fallen on deaf ears as no sincere efforts have been made by the authorities, till now. 

The Petitioners averred that the Punjab & Haryana High Court, in the year 2019 took cognizance of the menace of noise pollution persisting in the States of Punjab, Haryana and Chandigarh U.T., which culminated in the issuance of mandatory directions for abatement/control of noise pollution in the said States in the case of CWP-6213-2016, Reet Mohinder Singh vs. State of Punjab and others. 

Therefore, the Petitioners prayed for issuance of “a writ, order, or direction in the nature of Mandamus, thereby directing the state authorities to take action against the Respondent, in view of the mandatory directions issued in Reet Mohinder Singh Vs. State of Punjab & Others. (CWP No. 6213 of 2016), the Noise Pollution (Regulation and Control) Rules, 2000 and the Environment (Protection) Act, 1986; as the excessive “noise” emanating from the loudspeaker installed on the rooftop of Respondent.

During the hearing of the matter on 18.03.2024, it was highlighted by the counsel of the Petitioners, Advocate Abhinav Sood that guidelines have not been implemented and are not being followed. The Punjab & Haryana High Court, taking due cognizance of the situation, expressed grave discontent over the same.

“Keeping in view the issue involved, we expand the scope and also implead the State of Punjab for giving its report whether the judgment dated 22.07.2019 rendered in CWP-6213-2016, Reet Mohinder Singh vs. State of Punjab and others is being implemented," the Punjab High Court said.

Case Details: Abhilaksh Sachdev & Another vs. State of Haryana & Others; CWP No. 6280 of 2024; Order dated 18.03.2024

Advocates who appeared in the case:

For the Petitioners: Mr. Abhinav Sood, Ms. Achintaya Soni, Mr. Nitesh Jajhria

For the Respondents: Mr. Deepak Balyan, Addl. A.G., Haryana, Mr. Saurav Khurana, Addl. A.G., Punjab