Allahabad High Court lauds UP Govt's efforts in controlling noise pollution through modified silencers

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Appreciating the State’s efforts in controlling noise pollution through modified silencers, hooters and pressure horns State-wide, Allahabad High court on Wednesday appreciated Uttar Pradesh Government’s actions. 

Before the Division of justices Ritu Raj Awasthi and Abdul Moin, Adv. H.P. Srivastava appearing on behalf of the State submitted, “Government is very serious regarding the issue and taking best possible steps.

However, on the issue of lack of more stringent actions against the polluters, he submitted that as of now vehicle owners can only be fined for violating the norms unless Motor Vehicle Act is further amended. “Government’s hands are tied till then, however, efforts are being made in that direction as well,” State counsel said.

State responded the same when court asked about the actions being taken specifically about cracking down on vehicles causing noise pollution through modified silencer.

Adv. Srivastava further apprised court about the actions that can be taken under currently applicable norms. “Currently, such vehicles cannot be seized unless concerned law is further amended,” he said.

However, stressing that he is personally taking interest in the cause, he submitted that State has been quite successful in controlling usage of modified silencers remaining within the present law.

Upon this, taking note of State’s efforts and dedication towards the issue, court also went on to exempt personal appearance of the Additional Chief Secretary (Home), Additional Chief Secretary (Transport) that had been sought on the last date of hearing.

Present development has come following court’s September 22, 2021 order, wherein court sought personal affidavits by the Additional Chief Secretary (Home), Additional Chief Secretary (Transport) and the Director General of Police indicating the action that has been taken in the matter regarding cracking down on vehicles.

In case no concrete action is taken, the Court would be compelled to summon the Officer(s) to appear in person before this Court for not having complied the specific directions issued by this Court,” Court had said.

Allahabad High Court on July 20, 2021 took suo moto cognizance of noise pollution generated through modified silencers specifically Bullet Bikes and the other two-wheelers.

Court had then noted that “the problem of noise pollution is like the hydra where anyone who attempted to behead the Hydra found that as soon as one head was cut off, two more heads would emerge from the fresh wound, so much so that the destruction of the Hydra became one of the 12 Labours of Hercules.”

Case Title: - Noise Pollution Thru Modified Silencers (Suo Moto) v. - State of U.P. & Ors.