National Green Tribunal
Akhand Bharat Maorcha vs Union Of India on 14 February, 2019
Bench: Adarsh Kumar Goel, K. Ramakrishnan
Corrected order as on 16.02.2019
Item Nos. 05 to 07 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 496/2018
(M.A. No. 1159/2018)
With
Original Application No. 196/2018
With
Original Application No.197/2018
Akhand Bharat Morcha Applicant(s)
Versus
Union of India Ors. Respondent(s)
Date of hearing: 14.02.2019
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
For Applicant(s): Mr. Rahul Raj Malik, Advocate
For Respondents (s): Mr. Rajkumar, Advocate for CPCB
Mr. Ajay Jain and Mr. Pranay Jain,
Advocates for GNCTD
Ms. Pritika and Mr. Dinesh Jindal, LO for
DPCC
ORDER
1. The question for consideration is control of noise pollution in violation of the Environment (Protection) Act, 1986 and the Noise Pollution (Regulation and Control) Rules, 2000.
2. Vide order dated 19.09.2017, in Original Application No. 515/2016, Akhand Bharat Morcha Vs. Union of India & Ors., a statement was recorded on behalf of the NCT of Delhi and the Delhi Pollution Control Committee that they will ascertain the noise level and take action wherever noise level is beyond norms.
3. The present application was filed with a grievance that order dated 19.09.2017 was not being complied with. 1
4. Vide order dated 10.08.2018, the Tribunal directed the DCP (East) to take steps for compliance of the order dated 19.09.2017. Directions were also issued to Central Pollution Control Board (CPCB) and DPCC to conduct a joint inspection and file a report within two months. Directions were also issued to take penal action if the level of noise was found to be in violation of norms.
5. Accordingly, report dated 31.10.2018 has been filed finding that on several locations, there is a violation of prescribed norms.
6. The observations in the report are as follows:-
"(a) and (b).......................xxx............................xxx
(c) Out of 17 locations, 04 locations, Anarwali masjid at Kishankunj (01), Mosque at street no. 8, Ramesh park (02) and Aalam Gir at Madhu Vihar (01) are not conforming the day time limit of Ambient Noise of 65 dB(A).
(d) Out of 17 locations, 10 locations, Anarwali masjid at Kishankunj (01), Mosque at street no. 8, Ramesh park (02), Sunheri Masjid situated at F block, Jagatpuri (01), Aalam Gir at Madhu Vihar (01), Madina Masjit, Madhu Vihar (01), Bismilah Masjid, New Lahuri, Shastri Nagar (01), Lal Masjit, B.K. Dutt colony (01), White Masjid, B.K. Dutt colony (01), Dargah Shahhe Mardaan, B.K. Dutt colony (01 are not conforming the night time limit of Ambient Noise of 55 dB(A).
(e) Only 02 locations at Jhakhandi Masjit at Bihari colony, Farsh Bajar and Sarojini Naidu Park, Shastri Nagar are conforming day time and night time noise limit.
(f) With respect to Rule 5 of Noise Pollution (Regulation and Control) Rules 2000, following violations are observed:
Rule Content Violations
No.
1. A loud speaker or a public address No
system shall not be used except permission
after obtaining written permission for
from the authority. authority.
2. A loud speaker or a public address The
2
system shall not be used at night masjids
(between 10.00 p.m. to 06.00 a.m.) were found
except is closed premises for using
communication within, e.g. loudspeake
auditoria conference rooms, r during
community halls and banquet halls night time.
or during a public emergency.
4. The noise level at the boundary of As
the public place where loudspeaker mentioned
or public address system or any above in
other noise source is being used section 4.1
shall not exceed 10 dB (A) above (a and b)
the ambient noise standards for
the area or 75 dB (A) whichever is
lower.
Note:
Authority: As per Rule (2c) designated
"Authority" means any authority or
officer authorized by the Central
Government, or as the case may be,
the State Government in
accordance with the laws in force
and includes a District Magistrate, Police Commissioner, or any other officer designated for the maintenance of the ambient air quality standards in respect of noise under any law for the time being in force.
(g) As mentioned by nearby citizens, loud speakers were used at low volume/amplification during the monitoring period as compared to normal day, despite violation of noise limits was observed.
7. That CPCB has communicated report on "Ambient Noise Monitoring in and around of 08 masjids" to Deputy Commissioner of Police East Delhi, District Magistrate Shahdara, District Magistrate East, Member Secretary, Delhi Pollution Control Committee for necessary action vide letter A-19014/50/09- Mon/11346-349 dated 15/10/2018. Copy attached at Annexure-II.
8. That further CPCB has communicated revised report including locations of O.A. no. 197 of 2018 "Ambient Noise Monitoring in and around 12 Masjids in Delhi" to Deputy Commissioner of Police Shahdara, Deputy Commissioner of Police South, District Magistrate Shahdara, District Magistrate East, District Magistrate South East, Member Secretary Delhi Pollution Control Committee for further necessary action vide letter A-19014/50/09-Mon/11346-349 dated 22/10/2018. Copy attached at Annexure-III."
7. In view of the above, the violation of law stands established. 3
8. Our attentions has also been drawn to order dated 06.01.2012 passed by the Delhi High Court in W.P. (C) No. 7942/2011, Madhav Roy Vs. UOI & Ors., directing as follows:
"I, therefore, direct that no religious establishment, or institution, or place of worship in Ekta Vihar and Sunder Nagri shall install the loud speakers at a high point, or close to the pinnacle of the religious place of worship. The same shall be installed at a height not more than eight feet from the ground. They should also not be facing outside. Their direction should be such that the sound waves are focused at the centre of the place of worship, so that only those devotees/believers, who are interested in visiting the religious place of worship, and are interested in listening to the religious prayers, sermons etc. get to hear the sound waves, and noise pollution is not caused in the vicinity of the religious place of worship."
9. An affidavit has been filed on 13.02.2019 by DCP (East) to the effect that in the light of the report dated 23.10.2018, the DCP issued directions for compliance of the law.
10. We are of view that the affidavit filed by the DCP (East) hardly meets the legal requirements, expected in terms of order of this Tribunal. Mere passing an order that law should be complied is not the only job of the executing authority. When violation of law is established, need is to take remedial action by way of prosecution and recovery of damages, which has not been done. As far as passing of orders are concerned, the rules are already in place. An undertaking was given on behalf of the NCT of Delhi and DCP, that wherever violation is found, action will be taken which is not being complied with.
11. We have also dealt with the issue of noise pollution in order dated 12.02.2019, the Delhi Government was required to deposit cost of Rs. 5 Lakh for its persistent failure in upholding the law. We find similar apathy in the present case. 4
12. The DCP and SDM who are named as accountable persons have been required to be present before this Tribunal. We direct DCP (East), DCP (Shahdara) and DCP (South) to also remain present before the Tribunal on 14.03.2019 with action plans for compliance of order of this Tribunal and having regard to law laid down by the Hon'ble Supreme Court in re:
Noise Pollution - Implementation of the Laws for restricting use of loud speakers and high volume producing sound systems1 and Delhi High Court vide judgment dated 10.05.2001 in Free Legal Aid Cell Vs. Government of NCT of Delhi.2
13. It may also be considered whether instruments having potential of higher noise a legally permissible should at all be allowed to be possessed. If it is not so viable, any other alternative may be considered.
List for further consideration on 14.03.2019.
Adarsh Kumar Goel, CP K. Ramakrishnan, JM Dr. Nagin Nanda, EM February 14, 2019 Original Application No. 496/2018 and other connected matters A 1 (2005) 5 SCC 733 2 AIR 2001 Delhi 455 5