HC takes Suo motu cognizance of noise Pollution caused by modified Bikes, Royal Enfield Bullets and other new era two-wheeler

  

The Allahabad High Court, Lucknow Bench took suo motu cognizance of noise pollution caused by modified bikes, including Royal Enfiled Bullets and “new era two-wheelers”.

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 to take notice of the same.

“Let the State authorities look into the matter and take strict action in accordance with law and crack down on such vehicles causing pollution through modified silencers”.

Justice Moin was of the view that the bike riders have reformed the noise mufflers or silencers in such a way that the vehicle can be heard from hundred meters away, causing immense discomfort to the aged and the infirm, as well as children and other persons who may prefer silence.

“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 a fresh wound, so much so that the destruction of Hydra became one of the 12 Labours of Hercules”.

Further, if any person is found modifying the silencer, the Motor Vehicles Act 1988 makes that person liable for causing noise pollution. There were also rules prescribing the noise control levels when motor vehicles are drives in public places, the Court pointed out.

The Court further pointed that the bike riders cannot plead the defense that the Motor Vehicles Act may not be applicable to foreign motorcycles such as Harley Davidson, UN Commando, Suzuki Intruder, Bid Dog, etc.

“The said excuse merits rejection taking into consideration the Noise Pollution Rules, 2000 which are applicable for all vehicular movement and not restricted to Indian made vehicles and bikes alone”, the Court said.

 

The respondents have been asked to indicate to the Court the action which has been taken against the vehicles causing noise pollution through modified silencers by the next date of hearing.

Case Details

Before: Allahabad High Court

 

Case Title: Suo Moto PIL v. State of Uttar Pradesh

Read Order ;

 

SOURCE ; .latestlaws.com/

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