Supreme Court of India · 2005-10-28
Forum, Prevention Of Envn. & Sound ... vs Union Of India & Anr
- Citation / case number
- AIR 2006 SUPREME COURT 348
- Court
- Supreme Court of India
- Petitioner
- Forum, Prevention Of Envn. & Sound ...
- Respondent
- Union Of India & Anr
- Author
- R.C. Lahoti
- Bench
- R.C. Lahoti, Ashok Bhan
Judgment text excerpt
The Supreme Court upheld the constitutional validity of sub-rule (3) of Rule 5 of the Noise Pollution (Regulation and Control) Rules, 2000, which allows the State Government to permit the use of loudspeakers during night hours for cultural or religious occasions, subject to certain conditions. The Court reiterated that freedom from noise pollution is part of the right to life under Article 21 of the Constitution, but found that the limited relaxation for specific occasions does not violate this right. The Court dismissed the appeal, affirming the High Court's decision that the sub-rule is intra vires and serves public interest.