Category: Statutory Regimes

ISSUE:

Whether the use of multi-tone horns and sirens by vehicles, including horns and sirens in ambulances and Police vehicles, violates the Noise Pollution (Regulation and Control) Rules, 2000?

RULE:

The case was guided by the principles of natural justice, and the rule of law applied was that the use of sirens and multi-tone horns should be regulated and restricted to emergency vehicles only.

Rule 4 of the Noise Pollution (Regulation and Control) Rules, 2000 states that the noise levels in any area/zone shall not exceed the ambient air quality standards in respect of noise as specified in the Schedule, and 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.

ISSUE:

Whether the State of Kerala had a duty to control air pollution in the city of Cochin?

Whether the State of Kerala had complied with the provisions of the Air (Prevention and Control of Pollution) Act, 1981?

RULE:

Air (Prevention and Control of Pollution) Act, 1981

Section 19 of the Act empowers the State Government is empowered to declare any area within the State as air pollution control area.

ISSUE:

Whether the Mathura Oil Refinery and other nearby industries pushed pollutants into the atmosphere that contained oxides of Sulphur and nitrogen which cause acid rain?

Whether Taj Mahal’s discoloration was caused by deposition of dust particles and carbonaceous particles such as black and brown carbon which is light absorbing organic carbon?

RULE:

Polluter Pays Principle is applied after the environmental degradation has taken place. This principle mandates the person who has caused such an adverse environmental damage to pay for their actions. The polluter not only compensates the victims but also pays for the restoration of the environment.