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Hetalben Jitendrakumar Vyas Vs. Police Inspector.

País/Territorio
India
Tipo de la corte
Nacional - corte superior
Fecha
Ene 27, 2006
Fuente
UNEP, InforMEA
Nombre del tribunal
High Court of Gujarat
Sede de la corte
Ahmedabad
Juez
Dave, A.R.
Majmudar., P.B.
Idioma
Inglés
Materia
Aire y atmósfera
Palabra clave
Normas sobre emisión Contaminación acústica Normas sobre calidad del agua Normas sobre calidad ambiental Normas Normas sobre ruido Normas sobre efluentes residuales Ruido de vehículos Emisiones acústicas Ruido de las aeronaves
Resumen
The petitioner has mainly approached this court with a grievance that there is no policy restraining the citizens from bursting crackers on public streets and, therefore, it has been prayed in the petition that the respondents should be directed to frame some policy restraining or regulating bursting of crackers on public streets/roads. The Environment (Protection) Rules, 1989, item No. 89 in Schedule I, along with the directions given by the Supreme Court In Re. Noise Pollution are sufficient to regulate, under the aspect of noise pollution, manufacturing and bursting of fire-crackers and, therefore, there is no need to give any direction to the respondent government authorities for framing any policy with regard thereto as prayed for in the petition. Nevertheless, the Court considered the aforesaid provisions are not much known to people at large and, therefore, the said provisions are often violated. Therefore the Court directed the Secretary, Home Department, to give directions to the concerned officers, who are concerned with issuance of licences for manufacturing or dealing in firecrackers that the firecrackers manufactured or sold by them should not be such which would make noise above the level prescribed in the aforesaid Rules. In the licence, which might be issued, the aforesaid condition should be incorporated and the officers concerned with implementation as well as supervision should see that the firecrackers are not sold in violation of any of the provisions of the aforesaid Rules and the final directions given by the Hon'ble Supreme Court. He is further directed to see that an overall restriction with regard to bursting of firecrackers on pubic streets is imposed in the entire state and due publicity to the said restriction is given.
Texto completo
COU-156024.pdf
Página web
www.indiankanoon.org