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The Legal Affair

Let's talk Law

The Legal Affair

Let's talk Law

The NGT rejects the plea against Using horns by train and rules that vital operations cannot be restricted

The NGT rejects the plea against Using horns by train and rules that vital operations cannot be restricted

FACT 

In the matter of Ashok Malik & Anr. V Ministry of Railways & Ors. a petition submitted by the local inhabitants of Ajmer, Rajasthan, who stated that noise pollution caused by railway operations was making them suffer.An appeal against train horn use that was brought up as a violation of the Noise Pollution (Regulation and Control) Rules was rejected by the National Green Tribunal (NGT). 

ANALYSIS OF COURT ORDER 

A bench comprising Justices Adarsh Kumar Goel, Sudhir Agarwal, and Arun Kumar Tyagi, along with specialist members Dr. A Senthil Veil and Dr. Afroz Ahmed, said that it is impossible to completely avoid the noise produced by railway activities that transport a lot of people. The bench declared, “It is well known that railway operations service a large community, and noise produced in their operations cannot be wished away. Horns must be blasted in accordance with the relevant “whistle code.” Because there are no other options, critical activities must be carried out even though a noise-free environment is required. Accordingly, the tribunal ruled that while a noise-free atmosphere is required, critical tasks must be completed in the absence of substitutes.