Sunday, December 6, 2009

As regards noise pollution the following interim order is passed

(i) As required by the Motor Vehicles Ordinance the concerned authorities should ensure that the motorcycle rickshaws are not allowed to ply without silencers. It has been pointed out that there has been a practice in Karachi that the silencers are not fitted in the motorcycle rickshaws. Such practice, however, cannot override the provisions of law, particularly rules 155 and 158 of the Motor Vehicles Rules, 1969. In the existing circumstances, all the persons owning or plying motorcycle rickshaws should be given one month`s time to get the silencers fitted in their motorcycle rickshaws. A wide publicity should be made through press, radio and television. Such notices should also be displayed at public place. After expiry of one month action shall be taken against motorcycle rickshaws plying without silencers.
(ii) Many vehicles are found fitted with pressure horns or multi?tone horns giving unduly harsh shrill loud or alarming voice. Rule 154 of the Motor Vehicles Rules, 1969 prohibits fitting of such horns. The practice seems to be that such vehicles are challaned and pressure horns are disconnected or seized by the police. However, in order to make it more effective whenever any authority seizes such horns, it should deposit it with Central Nizarat situated opposite Civic Centre, Karachi."
The Hon`ble Supreme Court has also considered the aforesaid problem of pollution in case "S. Jagannath v. Union of India and others (AIR 1997 SC 811). The relevant observation is as under:??
"We are of the view that before any shrimp ?industry or shrimp pond is permitted to be installed in the ecology Fragile coastal area it must pass through a strict environmental test. There had to be a high powered `Authority` under the Act to scrutinize each and every? case from the environmental point of view. There must be an environmental impact assessment before permission is granted to install commercial shrimp farms. The conceptual framework of the assessment must be broad?based primarily concerning environmental degradation linked with shrimp framing. The assessment must also include the social impact on different population strata in the area. The quality of the assessment must be analytically based on superior technology. It must take into consideration the inter?generational equity and the compensation for those who, are affected end prejudiced. "
15. This judgment cannot be completed without having Glimpse of tenets of Islam qua the pollution. The Islam Religion of. Humanity by Fazal Ahmad Kuraishi in 1 956 Edition in Chapter 26 under the heading of cleanliness mentioned that qur`anic Verses "Bring out from the depths of Darkness into light".
[Qur`an XXXIII, Ahzab 43]
"O thou wrapped up in a mantle (Muhammad)! Arise and deliver thy warning! And magnify thy Lord! And keep thy garments free from stain and shun all abomination. "
Qur`an LXXIV. Muddaththir 1?5."
16. Ch. Nazar Muhammad highlighted the same in the chapter of Pakeezgi, in his book (Ahkamul Quran), pages, 721 to 722 which is reproduced as follows:
17. Mr. Shafi Haider Danish in his book Qur`an and Maholiyat:
"Who has quoted verse after verse in support of his arguments and has after discussing them into different sets, placed them in the following 12 Chapters:??
(1) Innocent planet of Mortal System.
(2) Under the Trees and Vegetative cover.
(3) Deafening Noise.
(4) Sunshine, Solar Energy and The Advancing Shadow.
(5) Pursuit of Nutritive Morsel.
(6) The begging Bowl of Animal Kingdom.
(7) Nothing outside Aquatic Environment
(8) Impending Disaters of Air Polluting
(9) Miracles of the water for animal life.
(10) Leaping flames.
(11) Environmental disbalance and loss of Biodiversity.
(12) Benevolence of Rahman, ungrateful mankind and disobedient Satan.

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