Friday, Jun 10, 2005
Friday, Jun 10, 2005 |
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Staff Reporter
NEW DELHI: The Delhi High Court has dismissed a bunch of petitions by manufacturers of diesel generators seeking quashing of rules obliging them to provide acoustic enclosures to run the generators or fit them with acoustic devices to control noise pollution. The petitioners had challenged The Environment (Protection) Second Amendment Rules, 2002, submitting that the rules violated provisions of Articles 14, 19 and 21 of the Constitution in so far as they fixed a standard noise limit of 75 db (A) for diesel generator sets up to 1000 kva, irrespective of locations for use. They submitted that the duty cast upon the manufacturers of these generator sets to provide integral acoustic enclosures for operating them was also violative of the Fundamental Rights. Challenging Section 7 of the rules prohibiting emission or discharge of environmental pollutants in excess of the standards, they stated that this section would come into play only when diesel generator sets were put to use, not before that. Therefore, it was open for a consumer to purchase a generator set and use it in such a way, which might not exceed the noise level prescribed, the counsel contended. Dismissing the petitions, a Division Bench of the Court comprising Justice B. C. Patel and Justice Sanjay Kishan Kaul said that in their opinion, by calling upon the manufacturers to provide acoustic enclosures, the right to manufacture was not taken away but continued to see that the generator set, when put to use, was not causing any pollution. "In the opinion of the Court, this is not a case of restriction of any type whatsoever, and the rules have been framed to provide a controlling device so as to see that the noise pollution is kept within the norms prescribed,'' the Bench observed. Even assuming for the sake of argument that by calling upon the manufacturer to provide a device at the stage of manufacturing amounted to breach of Fundamental Rights, the petitioners had no case, as in the opinion of the court, allowing the manufacturer to manufacture without providing a controlling device so as to bring the noise pollution within the limits prescribed under the rules would amount to allowing the manufacturer to manufacture a diesel generating set which would cause noise pollution on its use, the Bench observed.
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