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Ashik v. Bandula And Others

Country/Territory
Sri Lanka
Type of court
National - higher court
Date
Mar 9, 2007
Source
UNEP, InforMEA
Court name
Supreme Court
Seat of court
Columbo
Judge
C.J. Sarath N. Silva, J. Tiiakawardane, J. Somawansa
Reference number
[2007] LKSC 4
Language
English
Subject
Legal questions
Keyword
Land-use planning Noise standards Noise emission Noise pollution Aircraft noise Vehicle noise Human rights
Abstract

In this case, the plaintiffs challenged the decision refusing the loudspeaker permit for their mosque. The application was rejected because it raised several issues of sound pollution.

The plaintiffs claimed that the rejection of the loudspeaker permit was an infringement of their fundamental rights and of the freedom of religion. The defendant claimed that noise of this type was an atmospheric pollution and that there were a lot of people with other religious beliefs living in the neighbourhood.

The Supreme Court considered that there was no fundamental right to make noise and that the freedom of religion could not be used to legitimate noise pollution. As a result, the Court ordered all loudspeaker permit issued for religion purpose to be cancelled, except for religious special events.

Full text
Ashik v. Bandula And Others (Noise Pollution Case).docx.pdf
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