ORDER S.B. Sinha, CJ

1. This writ petition was taken up as a Public Interest Litigation on the basis of a letter dated 16-9-2000 written by a practising advocate in Vijayawada City addressed to the Honourable Chief Justice of this Court regarding the noise pollution created in the City of Vijayawada by reason of the use of Air Horns at their pitch by A.P. State Road Transport Corporation buses, lorries etc.

2. The fact that there exists noise pollution in the City of Vijayawada is not in dispute. An affidavit, affirmed by Sri. B. Sreenivas, Sub-Inspector of Police on behalf of respondents 1, 4 and 10 was filed contending that organised special camps were held to curb noise pollution with the assistance of A.P. Pollution Control Board and in the month of January, 2001, 1241 cases have been booked. All kinds of Gas Horns/pneumatic horns and multi-tone horns fitted to motor vehicles were banned by the Commissioner of Police on 8-1- 2001. It was further stated directions have also been issued to remove the gas horns fitted to all school buses and 3427 noise pollution cases have been booked within a period of six months against the drivers of vehicles who violated the traffic rules.

3. However, the A.P. Pollution Control Board in their status report dated 26-2-2001 admits of heavy noise pollution in Vijayawada city caused on account of using of air horns by APSRTC Buses, private tourist buses, lorries. It was pointed out that at junction points, turning of roads, the drivers blow horns at highest pitch as a result whereof, the traffic rules are violated, which result in causing accidents and noise problems. It was stated that noise values observed in Vijayawada city at all the three places viz., Industrial, Commercial and residential areas have exceeded the normal values of noise levels fixed by the Central Pollution Control Board. The values of noise levels recorded at the above three places from 29-1-2001 to 10th February, 2001 are stated to be as under:

Place Noise Noise Levels     Lmax Lmin LAvg Autonagar (Industrial area) 11 to 11.30 a.m. 98 to 104 61 to 67 86 to 89 Benz Circle Road Junction point (Commercial area) 10 to 10.30 a.m. 102 to 112 75 to 80 84 to 97 Surya Rao pet (Residential Area) 9 to 9.30 a.m. 71 to 78 50.8 to 52.0 61.1 to 64.0

4. A detailed report has also been annexed to the status report filed by the Pollution Control Board.

5. It is not in dispute that the Central Government in exercise of its powers conferred by clause (ii) of sub- section (2) of Section 3, sub-section (1) and clause (b) of sub-section (2) of Section 6 and Section 25 of the Environment (Protection) Act, 1986 (29 of 1986) read with Rule 5 of the Environment (Protection) Rules, 1986 made rules for regulation and control of noise producing and generating sources known as the noise Pollution (Regulation and Control) Rules, 2000 (for short 'the said Rules'). Rule 3 provides for ambient air quality standards in respect of noise for different areas/zones which reads thus:

(1) The ambient air quality standards in respect of noise for different areas/zones shall be such as specified in the Schedule annexed to these rules.

(2) The State Government may categorise the areas into industrial, commercial, residential or silence areas/zones for the purpose of implementation of noise standards for different areas.

(3) The State Government shall take measures for abatement of noise including noise emanating from vehicular movements and ensure that the existing noise levels do not exceed the ambient air quality standards specified under these rules.

(4) All Development authorities, local bodies and other concerned authorities while planning developmental activity or carrying out functions relating to town and country planning shall take into consideration all aspects of noise pollution as a parameter of quality of life to avoid noise menace and to achieve the objective of maintaining the ambient air quality standards in respect of noise.

(5) An area comprising not less than 100 metres around hospitals, educational institutions and Courts may be declared as silence area/zone for the purpose of these rules.

6. Rule 4 provides for the responsibility as to enforcement of noise pollution control measures which is in the following terms:

(1) The noise levels is any area/zone shall not exceed the ambient air quality standards in respect of noise as specified in the Schedule.

(2) The authority shall be responsible for the enforcement of noise pollution control measures and the due compliance of the ambient air quality standards in respect of noise.

7. Rule 6 lays down as regards the consequences of violation in silence zone/ area which reads as follows:

Whoever, in any place covered under the silence zone/area commits any of the following offence, he shall be liable for penalty under the provisions of the Act:

(i) whoever, plays any music or uses any sound amplifiers;

(ii) whoever, beats a drum or tom-tom blows a horn either musical or pressure or trumpet or beats or sounds any instrument; or

(iii) whoever, exhibits any mimetic, musical or other performances of a nature to attract crowds.

8. Rule 7 provides for filing of complaints to the authority. Rule 8 empowers the authority to prohibit continuance of music sound or noise. In the schedule appended to the said Rules ambient Air Quality Standards in respect of noise has been laid down which is in the following terms:

area Code Catlegory of Area/Zone Limits in dB(A)Leg     Day time Night time (A) Industrie area Wustrial area 75 70 (B) Commercial area Commercial area 65 55 (C) Residential area Residential area 55 45 (D) Silence Zone Silence Zone 50 40 Note :--1. Day time shall mean from 6.00 a.m. to 10.00 p.m.

2. Night time shall mean from 10.00 p.m. to 6.00 a.m.

3. Silence zone is defined as an area comprising not less than 100 metres around hospitals, educational institutions and Courts. The silence zones are zones which are declared as such by the competent authority.

4. Mixed categories of areas may be declared as one of the four above mentioned categories by the competent authority.

dB(A) Leq, denotes the time weighted average of the level of sound in decibel on scale A which is relatable to human hearing.

A "decibel" is a unit in which noise is measured.

"A", in dB(A) Leq, denotes the frequency weighting in the measurement of noise and corresponds to frequency response characteristics of the human ear.

Leq: It is an energy mean of the noise level over a specified period.

9. The Governor of Andhra Pradesh in exercise of the powers conferred by Sections 28, 38, 95, 96, 107, 111, 138 and 176 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) made Rules known as Andhra Pradesh Motor Vehicles Rules, 1989. Rule 427 of the said Rules which deals with sound signals and restrictions on the whereof reads thus:

Sound signals -

Restrictions on use of:--No driver of a motor vehicle shall sound the horn or other device for giving audible warning, with which the motor vehicle is equipped, or shall cause or allow any other person to do so, to an extent beyond that which is reasonable necessary to ensure safety.

10. Rule 428 of A.P. Motor Vehicles Rules, 1989 empowers the authority to issue notification to prohibit sound signals in the following terms:

The Commissioner of Police in the Cities of Hyderabad and Secunderabad and elsewhere the Collector may, by notification in the Official Gazette and by the erection in suitable places of appropriate traffic signs prescribed under the Act, prohibit the use of any horn, gong or other device on a motor vehicle for giving suitable warning within such locality and during such hours as may be specified in the notification :

Provided that when the Commissioner of Police or the Collector as the case may be, prohibits the use of any horn, gong or other device for giving audible warning during certain specified hours, he shall cause a suitable notice in English and in the script of the city or district, setting forth the hours within which such use is so prohibited to be affixed below the traffic sign.

11. Rule 119 of the V Central Motor Vehicles Rules, 1989 reads thus:

Horns: (A) Every motor vehicle shall befitted with an electric horn or other device (conforming to the specifications of the Bureau of Indian Standards) for use by the driver of the vehicle and capable of giving audience and sufficient wanting of the approach or position of the vehicle.

(B) No motor vehicle shall befitted with any multi-toned horn giving a succession of different notes or with any other sound producing device giving an unduly harsh, shrill, loud or alarming noise.

(C) Nothing contained in sub- rule (2) shall prevent the use in vehicles used as ambulance or for fire fighting of salvage purposes or a vehicle used by police officers or officers of Motor Vehicles Department in the course of their duties, of such sound signals as may be approved by the registering authority in whose jurisdiction such vehicles are kept.

12. There exists difference between sound as part of nature and sound generated by electrical and electronic devices being the contribution of modern science. Although from the inception of the civilisaiton sound is part of the nature, but unwanted noise created from the sources like loudspeakers, air horns fitted to motor vehicles, playing of music records etc., is not desirable.

13. The effect of noise pollution is a matter of great concern to the mankind. Noise not only causes annoyance to mankind outside his home but also invades his home. Noise pollution has been brought within the purview of Air (Prevention and Control of Pollution) Act, 1981 as amended by Act No.47 of 1987 which came into force with effect from 1-4-1988. It is now established that noise is a form of environmental degradation and it has serious implication on health which can change man's psychological state by speeding up pulse and respiratory rates. It also impair hearing either permanently or temporarily. Millions of industrial workers are threatened with hearing damage. Medical evidence shows that it can cause heart attacks in individual with existing cardiac injury and that continued exposure to loud noise is likely to cause chronic effects such as hyper- tension or ulcer. Noise also causes both injury and nuisance and alarming noise causes disturbance and distraction to the students who are not able to concentrate fully due to irritation caused by such devices. It is also causing adverse effect on infants, sick and elderly persons.

14. W.S. Gilbert in 'The Grand Duke' stated:

When you have got a beehive in your head, And a sewing machine in each ear, And you feel like you have eaten your bed, And you have got a bad headache down here.

15. Noise is also created by traffic and it also causes disturbed sleep. The citizens have right to sleep peacefully and also a right to a decent environment as highlighted by the Supreme Court in various decisions which are all well known in the field of pollution. In view of the enormous increase in number of motor vehicles of all types every year, the menace of noise pollution is posing problems, to the mankind. The effect of bad right sleep as highlighted by an eminent scientist in the field Fiona Goolee in his article in British medical journal, in which it was stated that noise can have positive effects on health. The effect of bad night sleep includes mood change, reduce cardiovascular performance and poor performance at intellectual and mechanical tasks and it was further observed in a recent review of research into noise and sleep recommends that sound at night in sleeping quarters should not exceed 45 DB (A). It was held that noise also adversely affects behaviour, increasing anxiety and reducing the incidence of helpful behaviour. Levels of aggression are increased by loud noise, an effect which may persist outside the noisy environment. Steel workers have more domestic disputes if they work in noisy areas. Noise is unacceptable not only to human beings but also to animals. There cannot be any doubt that tremendous sound beyond permissible limits is anti-thesis of civilised order. The effect of noise even on the domesticated animals like pet dogs in a common man's knowledge.

16. So far as noise pollution caused by the use of air horns is concerned, as indicated hereinbefore, the same is fully covered by the A.P. Motor Vehicles Rules, 1989 and the Central Motor Vehicles Rules.

17. In Rabin Mukerjee v. State of West Bengal, , a learned Judge of the Calcutta High Court while considering Rule 114(d) of Bengal Motor Vehicles Rules, 1940 which is in pari materia with Rule 119 of Central Motor Vehicles Rules, it was held that apart from the fact that use of electric or air horn is not permissible in public vehicle, the air and electric horn produces or causes unduly rash, shrills, loud and alarming noise. It was also found that research conducted jointly by Basu Bignan Mandir and Presidency College, Calcutta showed that the atmosphere and the environment in the city of Calcutta and its suburbans was very much polluted from discriminating noise emitted from different quarters. It was held:

It is also desirable in the larger public interest that the respondents and the State Government and the authorities should take suitable measures to implement the provision of Rule 114(d) of the Motor Vehicles Rules, 1940 and no certificate of fitness should be granted under Section 38 of the said Act, in case of non- compliance of the provisions of Rule 114(d) of the said Rules so that this type of noise pollution is eradicated at any early date from the State of West Bengal.

18. Yet again in Nayan Bchari Dass v. State of Orissa (Original Jurisdiction Case No. 3481 of 1992), a Division Bench of the Orissa High Court dealing with Section 119 of the Central Motor Vehicles Rules held: It cannot be denied that constant use of such devices producing unduly harsh, shrill, loud or alarming noise is bound to cause disturbance and distraction to the students who are notable to concentrate fully due to irritation caused by such devices. It is also causing adverse effect on infants, sick and elderly persons. Audio generally causing inconvenience as persons like the petitioner are not able to concentrate on their work because of constant sound pollution. Thus it is an addition to the already exiting should pollution and appropriate steps are required to be taken for controlling the same. But, as the use of such type of horns is not permitted by the rules the question of issuing any direction prohibiting such use does not arise. However, we consider it to be a fit case in which some directions are to be issued. Accordingly, we fell that it would be appropriate, if at regular intervals announcement is made through the medium of All India Radio and Doordarshan and the Press that the use of multi-toned horns or such other devices creating unduly harsh, shrill, loud or alarming noise is prohibited. It will be advisable if notices are exhibited at the bus stops and at the RTO Offices regarding the prohibition on the use of multi-toned horns and similar devices. The authorities may also consider printing of a warning of affixing of a rubber stamp on all application forms required for fitness certificates, permits and in the registration books, that the use of multi- toned horns and other similar devices creating unduly harsh, shrill, loud or alarming sounds is prohibited under the Central Motor Vehicles Rules, 1989. But all this would not be sufficient unless follow up is taken by the appropriate authorities against those committing the breach.

19. The averments made in the counter-

affidavit filed by the respondents and the status report filed by the A.P. Pollution Control Board clearly depict that there exits sound pollution in the City of Vijayawada caused due to noise generated from motor vehicles and air horns etc., fitted to them. It also stands admitted that despite taken action in this regard, the ambient Air Quality Standards in respect of noise fixed by the Central Pollution Control Board in terms of the Noise Pollution (Regulation and Control) Rules, 2000 as also the directives issued by the Commissioner of Police had not produced the desired results.

20. The Commissioner of Police, Vijayawada city, therefore, must take appropriate action not only for the purpose of enforcement of the said rules but also for implementation of the guidelines issued by the A.P. Pollution Control Board and furthermore shall take appropriate action in accordance with Rules 427 and 428 of A.P. Motor Vehicles Rules, 1989, to prohibit the use of air horns and see that the directives issued in this regard from time to time are complied with scrupulously. Announcements should be made at regular intervals through the electronic media, press as regards the prohibition of the use of multi-toned horns or such other devices creating unduly harsh, shrill, loud or alarming noise. The authority should also issue appropriate directions regarding printing of a warning or affixing of a rubber stamp on all application forms required for fitness certificates, permits and in the registration books to the effect that the use of such horns and other similar devices creating unduly harsh, shrill, loud or alarming sounds is prohibited under the rules.

21. Let a copy of this order be communicated to the Chief Secretary, Government of Andhra Pradesh, Secretary, Transport Department, Commissioner of Transport, Director-General and Inspector General of Police, for taking appropriate follow up action in the light of the above order.

22. For the reasons afore- mentioned, the writ petition is disposed of with the above directions. There shall be no order as to costs.