Lawstreet Journal

“The sanctity to the finality of judicial orders should never deter a Court in correcting its plain errors”: Uttarakhand High Court Modifies its 2018 judgment Pertaining to Noise Limits for Loudspeakers

Lawstreet Journal 17 Aug 2020 10:50pm

Image courtesy: Lawstreet Journal Judiciary “The sanctity to the finality of judicial orders should never deter a Court in correcting its plain errors”: Uttarakhand High Court Modifies its 2018 judgment Pertaining to Noise Limits for Loudspeakers

The matter was heard by Justice Dhulia as the division bench of Chief Justice Ramesh Ranganathan and Justice Lok Pal Singh gave divergent views on the issue. The judge agreed with the reasoning given by the Chief Justice to allow the application. 

In the year 2018, A judgment passed by the Uttarakhand High Court which was appealed to be modified due to conflicting verdicts given by the Division Bench.

In June 2018, a division bench of Justice Rajiv Sharma and Justice Lokpal Singh, whilst hearing a Public Interest Litigation (PIL), had passed a judgment directing the state authorities to make sure that no loudspeaker or public tackle gadget is used in temples, mosques or gurdwaras without permission and when used, have to be with a project “that the noise level shall now not exceed more than 5dB(A) peripheral noise level”. 

An authority’s order used to be due to this fact issued, effectively banning the use of loudspeakers in spiritual institutions. While the 0dB(A) level is the threshold for hearing, a 10dB(A) stage is roughly equal to the sound of human breathing. As per law, noise up to the degree of 55 dB(A) is permitted in residential areas at some point of the day and up to 45 dB(A) at night. The bench comprising Hon’ble Chief Justice Ramesh Ranganathan and Hon’ble Justice Lok Pal Singh was hearing a plea regarding setting up permissible noise limit for loudspeakers. The modification application was filed under sections 151 and 152 CPC read with Article 226 of the… Continue Reading...


Tagged: Uttarakhand High Court  
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