Lawstreet Journal

Allahabad HC takes Suo Motu cognizance against noise pollution caused by modified bikes [READ ORDER]

Lawstreet Journal 29 Jul 2021 4:44pm

Image courtesy: Lawstreet Journal Judiciary Allahabad HC takes Suo Motu cognizance against noise pollution caused by modified bikes [READ ORDER]

On Tuesday(20/08/2021, the Allahabad High Court, Lucknow Bench  took suo moto cognizance of noise pollution caused by the modified bikes, including Royal Enfield Bullets and "other new era two-wheelers" in the case, Noise pollution through modified silencers, Suo Motu PIL v. the State of UP.

A Single-Judge Bench of Justice Abdul Moin passed this order while hearing a suo motu PIL on noise pollution through modified silencers. The Court said that the problem of noise pollution is like "the legend of 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 labors of Hercules".

In the statutes 

Modifying the silencer of the two-wheeler or driving vehicle by removing or altering the noise muffler is punishable under the provisions of Section 190 (2) of the Motor Vehicles Act, 1988. Further, referring to the Noise Pollution (Regulation and Control) Rules, 2000, the Court observed that a mandate is placed on the State Government to take measures for abatement of noise including noise emanating from vehicular movements.

The Court said that the vehicle riders have modified the noise mufflers/silencers so much so that a vehicle being driven can be heard hundreds of meters away whereby causing immense discomfort to the old, aged and infirm persons as well as the young children and other persons who may require silence.

Justice Moin… Continue Reading...

Tagged: Allahabad High Court   Noise Pollution  
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