Noise pollution by modified Bikes, Royal Enfield Bullets and "other new era two-wheelers:" Allahabad High Court takes suo motu cognizance

The Allahabad High Court, Lucknow Bench on Tuesday took suo motu cognizance of noise pollution caused by the modified bikes, including Royal Enfield Bullets and "other new era two-wheelers." (Noise pollution through modified silencers, Suo Motu PIL v. State of UP).Justice Abdul Moin observed that it is a matter of grave concern that such bikes cause immense noise pollution as well as inconvenience to citizens. Since the authorities have not cared to look into the matter, the Judge opined that it is for the Court now to take notice of such noise pollution.."Let the State authorities look into the matter and take strict action in accordance with law and crackdown on such vehicles causing pollution through modified silencers." the Court ordered on Tuesday.The Court also opined that such noise pollution amounts to a form of invasion into an individual's right to privacy.."The Apex Court in the case of Justice K S Puttaswamy (RETD.) And Anr Vs Union Of India And Ors reported in (2017) SCC Online SC 996 has reiterated that every persons house where he lives with his family is his 'castle' and that nothing is more deleterious to a man's physical happiness and health than a calculated interference with his privacy. In this case, the interference in the persons privacy is the is the vehicular noise", the High Court said..Justice Moin remarked that the vehicle riders have modified the noise mufflers or silencers so much so that the vehicle can be heard hundreds of meters away, causing immense discomfort to the aged and the infirm, as well as young children and other persons who may require silence..Noting that this is the latest instance of noise pollution that the Court was constrainted to take note of, after the issue of noise pollution through loudspeakers (which is already being considered by the High Court), Justice Moin also observed:."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 Labours of Hercules.".As far as modified vehicles were concerned, the Court took note of the Central Motor Vehicles Rules, 1989 which provides that every motor vehicle shall be fitted with a silencer to reduce, as far as practicable, the noise of the engine..Further, under the Motor Vehicles Act, 1988, any person found modifying the silencer of a two wheeler by removing or altering the noise muffler would be liable for action, the Court noted. There were also rules prescribing the noise control levels when motor vehicles are drived in public places, the Court pointed out..The Court also added that bike riders cannot plead that the Motor Vehicles Act may not be applicable to foreign motorcycles such as Harley Davidson, Hyosung, UN Commando, Suzuki Intruder, Big Dog, northern commando etc." .... the said excuse merits rejection taking into consideration the (Noise Pollution (Regulation and Control)) Rules, 2000 which are applicable for all vehicular movement and not restricted to Indian made vehicles and bikes alone", the Court said.. The matter will be heard next on August 10, 2021..In the meanwhile, a copy of the order passed on Tuesday is to be various authorities of the Uttar Pradesh government, including in the Departments of Transport, Home and the Pollution Control Board, as well as the Director General of Police, Lucknow and the Deputy Commissioner of Police (Traffic), Lucknow. All of these authorities have been impleaded as respondents. .The respondents have been asked to indicate to the Court the action which has been taken against vehicles causing noise pollution through modified silencers by the next date of hearing. .[Read order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.