Case BriefsSupreme Court

Supreme Court: In the issue relating to filling up of 4010 vacancies in the State of Uttar Pradesh, consisting of 3698 vacancies for Sub-Inspectors and 312 vacancies for Platoon Commanders, the 3-judge bench of Madan B. Lokur, Kurian Joseph and Deepak Gupta, JJ directed that the vacancies should be filled up by the State of Uttar Pradesh expeditiously on merits, if not already filled up.

The State had submitted before the Court that due to orders passed from time to time by this Court, perhaps more than 4010 posts have been filled up. The Court, hence, directed that the persons occupying posts in excess of 4010 shall not be disturbed until further orders from this Court.

Regarding the question as to whether the persons who have been appointed in excess of 4010 Posts are to continue or their services may be dispensed with, the Court said that it will pass the appropriate orders only after hearing the parties.

The Court also took note of it’s order dated 14.09.2017 in which it was noted that all those persons who are before this Court on the ground that they were before the High Court on or before 31st December, 2016 either as petitioners or intervenors may submit their particulars to learned Additional Advocate General who will verify the particulars and submit a report before 31st October, 2017. The Court, hence, made clear that following the order passed on 14.09.2017, all applications for intervention/impleadment, etc. or fresh matters instituted after the cut-off date of 31st December, 2016 stand disposed of. [Alok Kumar Singh v. State of U.P.,  2018 SCC OnLine SC 309, order dated 22.03.2018]

Legislation UpdatesRules & Regulations

Under Rule 5 of the Noise Pollution (Regulation and Control) Rules, 2000 use of loudspeakers/public address system is restricted in the following manner:

A) They can only be used after obtaining permission from any authority or officer authorised by the Central Government, or as the case may be, the State Government in accordance with the laws in force and includes a District Magistrate, Police Commissioner, or any other officer, not below the rank of the Deputy Superintendent of Police, designated for the maintenance of the ambient air quality standards in respect of noise under any law for the time being in force.

B) The loudspeaker or a public address system shall not be used at night (between 10.00 p.m. to 6.00 a.m.) except in closed premises for communication within, e.g. auditoria, conference rooms, community halls and banquet halls.

C) The State Government may, subject to such terms and conditions as are necessary to reduce noise pollution, permit use of loudspeakers or public address systems during night hours (between 10.00 p.m. to 12.00 midnight) on or during any cultural or religious festive occasion of a limited duration not exceeding fifteen days in all during a calendar year.

Further the Supreme Court of India has passed the following directions in Noise Pollution (V), In re, (2005) 5 SCC 733 at page 782:

1. The noise level at the boundary of the public place, where loudspeaker or public address system or any other noise source is being used shall not exceed 10 dB(A) above the ambient noise standards for the area or 75 dB(A) whichever is lower.

2. No one shall beat a drum or tom-tom or blow a trumpet or beat or sound any instrument or use any sound amplifier at night (between 10.00 p.m. and 6 a.m.) except in public emergencies.

3. The peripheral noise level of privately-owned sound system shall not exceed by more than 5 dB(A) than the ambient air-quality standard specified for the area in which it is used, at the boundary of the private place.