SC directs CEA to formulate, implement Community Noise Level Standard

The Supreme Court recently directed the Central Environmental Authority to formulate and implement the Community Noise Level Standard as early as possible. The Bench comprised Chief Justice Sarath N. Silva PC and Justices Nimal Gamini Amaratunga and Saleem Marsoof PC.

The court made the direction following the submissions by Deputy Solicitor General Mrs. Bimba Thilakaratne who informed the court that the Central Environmental Authority (CEA) was in the process of formulating a Community Noise Level Standards to impose sound limits in urban and residential areas. The DSG submitted that the matter was of public importance since there were several cases pending before the court. However, she submitted, according to her instructions the formulation of the standards would take time.

The DSG further submitted that the standards had been already laid down in respect of the industrial noise could not be used in respect of community noise. She appeared for the added sixth respondent, the CEA in the fundamental rights application filed by five trustees of Weligama Jumma Mosque against the time limiting imposed by the Weligama Police in the use of loudspeakers in calls for prayers.

Senior State Counsel Indika Demuni de Silva for the second respondent ASP Weligama submitted that the permit had been issued to the petitioners was limited to three minutes each for the different sessions of calls for prayer and such limitations had been made in view of problems between mosques and complaints received by the public.

President's Counsel Ikram Mohamed for the petitioners submitted that if the call of prayer permit was increased from three minutes to five minutes for each session and the Jumma prayer for one hour with the period of call being at the usual level of volume and the continued period of prayer at reduced level of volume, the petitioners would be satisfied.

The Senior State Counsel submitted that she would obtain instructions from the second respondent whether such a scheme could be implemented and intimate the court on May 2 .

The case will be mentioned on May 2.

Khalid