Explained: The noise pollution rules of Chandigarh and how they are skirted

In the judgment delivered by the Bench of Justice Rajiv Sharma and Justice Harinder Singh Sidhu, the High Court had laid many guidelines, which the UT administration is bound to follow. Saurabh Parashar explains the guidelines that control noise levels in Chandigarh and action that can be taken against violators.

According to the Rule 3(1) of the Noise Pollution (Regulation & Control) Rules, 2000, the level of noise is determined by area and zone. (File)

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A July, 2019, judgment delivered by the Punjab and Haryana high court while disposing of at least five writ petitions has for years been the basis of the law that governs controlling, regulating the noise in Chandigarh and its neighbours Punjab and Haryana. In the judgment delivered by the Bench of Justice Rajiv Sharma and Justice Harinder Singh Sidhu, the High Court had laid many guidelines, which the UT administration is bound to follow. Saurabh Parashar explains the guidelines that control noise levels in Chandigarh and action that can be taken against violators.

What is the permissible limit of noise in Chandigarh?

According to the Rule 3(1) of the Noise Pollution (Regulation & Control) Rules, 2000, the level of noise is determined by area and zone. There are four zones — Industrial Area, Residential Area, Commercial Area and Silence Zone. In the daytime (6 am to 10 pm), the limit of noise permissible is 75dB (decibels) in Industrial Area, 65dB in Commercial Area, 55dB in Residential Area, and 50dB in Silence Zone. At night time (10 pm to 6 am), the noise limit permissible is 70dB in Industrial area, 55dB in Commercial Area, 45dB in Residential Area, and 40db in Silence Zone.

Which area comes under which category in Chandigarh?

Commercial Area: City Centre Sector-17, City Centre Sector 34-A,B, City Centre Sector 43-C, D, Commercial strips a long V-2 roads (Madhya Marg, Dakshin Marg & Vikas Marg) and V-3 road (Himalaya Marg), Manimajra Motor Market, Motor Market Sector-43, 48, 52 and shopping area, near Manimajra bus stand.

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Residential Area: The sectors except areas falling under educational institutions, hospitals and leisure valley. Sectors 2 to 5, 6 (including golf course), 7 to 11, 15, 16, 18 to 33, 34-C and D, 35 to 42, 43-A and B, 44 to 47 and portions of sectors 48 to 56 falling within the boundary of Chandigarh, Manimajra Town (excluding motor market & shopping area near bus stand) and all the village abadis (Lal Dora) of Chandigarh. These areas include the sub-sector shopping areas along V-4 roads in various sectors.

Silence Zone: Sector-1 (Capital Complex, including Rajendra Park and Chandigarh Club), Sector-12, Sector-14 (Panjab University) the entire area around the lake upto 100 meters from the high water mark, and the entire area North East of Uttar Marg including Rock Garden and Lake Club. An area comprising 100 meters around all hospitals, educational institutions, courts and religious places.

What are the rules for using loudspeakers, playing music in religious institutes, nightclubs, private functions?

According to the UT Administration, places of worship — temples, mosques, gurdwaras — need to obtain prior permission from local authorities for use of loud speakers. Even then, the loudspeaker or public address system or any other noise source being used cannot exceed 10dB (A) limit above the ambient noise standards. For private functions also, the concerned person needs to have prior permission from the authorities. Hotels, clubs are permitted to play music, but with prior permission and not after 10 pm. “For religious functions, like jagrans, permission is given to play music at a low pitch,” a police officer said.

Where does the conflicts arise?

According to local residents, after the UT Administration allowed the serving of liquor till 3 am, the nightclubs, bars, pubs took it as a cue to continue playing music till shut down time. The rules, however, state that such establishments are not authorised to play music beyond 10pm. Residents of Sector 7, which comes under Residential
Area, complained to Adviser Dharampal, who instructed Chandigarh Deputy Commissioner Vinay Pratap Singh and DGP Praveer Ranjan to deal with the noise nuisance emanating from a bunch of nightclubs strictly. Area SDM has already issued notices under Section 133 of CrPC against three nightclubs — Kakuna, The Vault and The Grapho-07. At least two dozens nightclubs, pubs, discs are being operated in the courtyards of showrooms in Sector 26, Sector 7.

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What are the legal action that can be taken against violators?

Legal action can be taken against people responsible for noise pollution under Section 61 of the Punjab Police Act, 2007. The violators, including the owner of the premises and person who is playing the music, face arrest for a term that may extend to six months, or a fine of Rs 10,000 or both.