ORDER
G.C. Bharuka, J.
1. The present writ petition has been filed in public interest by certain residents of Saunders Road, Frazer Town, Bangalore. Their grouse is that all of a sudden certain persons belonging to muslim community started constructing illegally a mosque at Property No. 4, Saunders Road, Frazer Town, Bangalore. Their further grievance is that at the said mosque, while making prayers, they use electrical equipments like mike and loudspeakers, thereby causing noise pollution in the area.
2. So far as the first grievance is concerned, admittedly, one Nimra Islamic Welfare Trust, who has been impleaded as 4th respondent, is the owner of the property in question, having purchased the same under registered sale deeds dated 22-11-1989 and 11-11-1991. So far as the second grievance is concerned, it will be proper here to cull out the relevant provisions of the Noise Pollution (Regulation and Control) Rules, 2000 (in short, 'the rules'), which have been framed exhaustively under the provisions of the Environment (Protection) Act, 1986 read with Rule 5 of the Environment (Protection) Rules, 1986.
3. Rule 3 of the Rules has prescribed ambient air quality standards in respect of noise for different areas/zones. Rule 3(2) of the Rules empowers the State Government to categorise the areas into industrial, commercial, residential or silence areas/zones for the purpose of implementation of noise standards for different areas.
4. Rule 5 of the Rules restricts on the use of loudspeakers/public address system. This rule reads thus.-
'Rule 5. Restrictions on the use of loudspeakers/public address system.--(1) A loudspeaker or a public address system shall not be used except after obtaining written permission from the authority.
(2) A loudspeaker or a public address system shall not be used at night (between 10.00 p.m. to 6 a.m.) except in closed premises for communication within, e.g. auditoria, conference rooms, community halls and banquet halls'.
5. Rule 6 of the Rules deals with consequences of any violation in silence zone/area. Rule 7, which is material for the present purpose, deals with complaints to be made to authority. It reads thus.-
'Rule 7. Complaints to be made to the authority.--(1) A person may, if the noise level exceeds the ambient noise standards by 10 dB(A) or more given in the corresponding columns against any area/zone, make a complaint to the authority.
(2) The authority shall act on the complaint and take action against the violator in accordance with the provisions of these rules and any other law in force'.
6. Keeping in view the above provisions, on 4-9-2002, we had directed the Commissioner of Police to file an affidavit statement regarding prohibition of the use of loudspeakers/public address systems/amplifiers in the 'silent zones'. Accordingly, affidavit has been filed by the Commissioner of Police on 8-10-2002. The material text of the affidavit reads thus.-
'I further submit that for the purpose of effective implementation of the Environment (Protection) Act, 1986, the Noise Pollution (Regulation and Control) Rules, 2000 and the notification issued by the Government of Karnataka, dated 13-8-2002 particularly with regard to maintenance of standards in noise pollution and the regulation thereto read with the provisions of the Karnataka Police Act, 1963, all the Police Stations/Officers coming within the jurisdiction of the Commissioner of Police, Bangalore City, have been instructed through circular instructions dated 7-8-2002, 30-8-2002 and 20-9-2002 to see that the provisions of the aforesaid enactment and the notification should be strictly complied with.
Furthermore, as regards the maintenance of ambient Air Quality Standards in respect of noise in silence zones, the jurisdictional Police Officers have been instructed to strictly implement the standards as provided under the said enactment and the notification. The officers have also been instructed to see that no loudspeakers or public address systems are used between 10 p.m. and 6 a.m. in open areas except with the written permission from the designated authorities. Wherever complaints have been received from the public with regard to the violations, prompt actions are taken and cases have been booked by the jurisdictional Police Officers. It is relevant to mention here that as many as 5 cases were registered in August 2002 and 11 cases in September 2002 and the offenders have been convicted by the jurisdictional Magistrates. The Police Officers have been strictly instructed to see that no licences or permits are issued by contravening the provisions of the enactment and the notification.
I submit that the Karnataka State Pollution Control Board, the 3rd respondent herein are in the process of providing 20 Digital Noise Monitoring Meters to check the standards of noise pollution in response to my request which will be made use of by the Police for effective implementation of the legal provisions. I further submit that the Police Authorities are alive to the situation and that they will do their best to see that the provisions of the Environment (Protection) Act, 1986, the Noise Pollution (Regulation and Control) Rules, 2000 and the notification issued therein are strictly implemented and action initiated against the violators'.
7. It appears that the petitioners have not given any complaint to the authorities under the Act against any particular person or institution regarding violation of the provisions of the Act and the Rules by them. Therefore, no writ of mandamus can be issued to the authorities. If the petitioners still have any grievance against the 4th respondent, they can very well approach the authorities under the Act for ventilation of their grievances.
8. In the result, with the above observations, the writ petition is disposed of.