Chhattisgarh HC Tracks Noise Pollution Bill While Directing Strict Enforcement of Existing Law

The High Court of Chhattisgarh noted that the state’s Draft Committee has finalised the Chhattisgarh Kolahal Niyantran Bill, 2026 and directed authorities to keep enforcing existing noise pollution rules until the legislation is enacted.

A Division Bench of the High Court of Chhattisgarh at Bilaspur, comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, on 3 August 2026 took stock of the state government’s progress in revamping its noise-pollution legislation under a suo motu public interest litigation registered as WPPIL No. 88 of 2023. The court found that the Draft Committee constituted by the Home Department had finalised the Chhattisgarh Kolahal Niyantran Bill, 2026 in both Hindi and English and had transmitted the draft to the Principal Secretary, Home and Jail Department, for further processing. Granting eight more weeks for the remaining administrative and legislative formalities to be completed, the bench made clear that the pendency of the legislative exercise cannot justify any slackening in enforcement of the existing law on noise pollution.

The Suo Motu PIL and Its Background

The court had taken up the matter on its own motion, based on a news item relating to noise pollution in Chhattisgarh. The petition was directed against the Chief Secretary and other senior state authorities, with the state represented by Mr. Praveen Das, Additional Advocate General, and individual respondents represented by Ms. Aditi Singhvi and Mr. Ashish Pandey.

The central legislative instrument under examination is the Chhattisgarh Kolahal Niyantran Adhiniyam, 1985 — the state’s primary statute regulating noise. The court’s earlier orders had pushed the government to examine and prepare suitable amendments to this 1985 law, along with the necessary rules and formats for effective implementation.

An earlier affidavit filed on 18 June 2026 had informed the court that the Draft Committee, constituted pursuant to a Home Department order dated 31 March 2026, had already held five meetings — on 29 April, 11 May, 2 June, 8 June, and 15 June 2026 — in which the proposed amendments were deliberated clause by clause, with input from field authorities and other stakeholders.

What the August Affidavit Disclosed

In compliance with the court’s order dated 19 June 2026, the Principal Secretary, Department of Home, Government of Chhattisgarh, filed a personal affidavit placed before the bench on 3 August 2026. The affidavit reported a decisive step forward: the Draft Committee had unanimously finalised the draft of the Chhattisgarh Kolahal Niyantran Bill, 2026 in both Hindi and English, along with an action taken report and other supporting documents.

The Secretary, Home Department and Chairman of the Draft Committee, vide official memorandum dated 31 July 2026, forwarded the finalised draft and the action taken report to the Principal Secretary, Home and Jail Department, for undertaking the further administrative and legal process. A copy of this correspondence was annexed to the affidavit as Annexure A-1.

The affidavit also set out the remaining steps in the legislative pipeline: departmental processing would be followed by placement before the Council of Ministers for consideration and approval; after ministerial clearance, the Bill would go before the Chhattisgarh Legislative Assembly for enactment; and once all assents were obtained, the legislation would be notified in the Official Gazette and brought into force.

The Court’s Reading of the Affidavit

The bench observed that the material in the affidavit demonstrated “substantial and concrete steps towards bringing a comprehensive legislative framework” for controlling noise pollution in the state. The court took note that the draft had moved beyond the preparation stage and was now under active consideration at the appropriate administrative level.

Satisfied with the progress disclosed, the bench decided to grant further time rather than issue a more coercive direction, recognising that the remaining stages — Council of Ministers approval and Legislative Assembly passage — involve constitutional processes that cannot be compressed arbitrarily.

The court did, however, attach a pointed rider. It stated expressly that the pendency of the legislative process “shall not be construed as a ground for any laxity in enforcing the existing statutory provisions and executive instructions governing regulation of noise pollution.” This direction addressed a practical concern: that authorities might treat the legislative exercise as a reason to ease up on enforcement of the current law.

Specific Directions on Enforcement Until New Law Takes Effect

The bench issued detailed directions covering the entire chain of enforcement authorities. The State Government, District Administration, Police authorities, Municipal Authorities and all other concerned agencies were directed to continue taking necessary, effective and preventive measures to ensure strict compliance with the existing law on noise pollution.

The court singled out specific sources of noise for heightened attention: loudspeakers, public address systems, sound amplifiers, firecrackers and other sources of excessive noise. It directed particular care during night hours and in silence zones — defined by the court as areas surrounding hospitals, educational institutions, courts and other notified places.

The overarching obligation placed on all authorities was to take appropriate precautions to prevent avoidable noise pollution, protect public health, and preserve the right of citizens to live in a peaceful environment, “strictly in accordance with law, until the proposed legislation is brought into force.”

These directions serve as an interim enforcement mandate, keeping the current legal regime fully operative while the Kolahal Niyantran Bill, 2026 completes its parliamentary journey.

Outcome

The Division Bench listed the matter for hearing after eight weeks for a further status report. All state, district, police, and municipal authorities remain bound to enforce the existing noise pollution law strictly in the interim. The finalised Chhattisgarh Kolahal Niyantran Bill, 2026 is awaiting placement before the Council of Ministers and, thereafter, the Chhattisgarh Legislative Assembly.