National Green Tribunal
Akhand Bharat Morcha vs Union Of India on 1 August, 2019
Bench: Adarsh Kumar Goel, K. Ramakrishnan
Item No. 01 to 04 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 519/2016
WITH
Original Application No. 496/2018
(M.A. No. 1159/2018)
WITH
Original Application No. 196/2018
WITH
Original Application No. 197/2018
Hardeep Singh & Ors. Applicant(s)
Versus
SDMC & Ors. Respondent(s)
WITH
Akhand Bharat Morcha Applicant(s)
Versus
Union of India & Ors. Respondent(s)
(Reports filed in O.A No. 519/2016, in O.A. No. 496/2018, O.A. No.
196/2018 & O.A. No. 197/2018)
Date of hearing: 01.08.2019
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE S.P. WANGDI, JUDICIAL MEMBER
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Original Application No. 519/2016
For Applicant(s): Mr. Manish Garg, Mr. Vijay, Advocates
For Respondent (s): Ms. Krishna Kumar Singh, Advocate for
MoEF&CC
Ms. Jyoti Mendiratta, Advocate for GNCTD
Ms. Sakshi Popli, Advocate for DPCC and NDMC
with Dr. M.P George, Scientist, DPCC
Ms. Puja Kalra, Mr. Virendra Singh, Advocate
Mr. Nitin Jindal, SDM Dwarka
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Mr. Shanker Chaudhary, Addl. DCP/PCR
Original Application No. 496/2018 and connected matters
For Applicant(s): Mr. Rahul Raj Malik, Advocate
For Respondent (s): Ms. Jyoti Mendiratta, Standing Counsel for
GNCTD
Mr. Rajkumar, Advocate for CPCB
Ms. Sakshi Popli, Advocate for DPCC with Mr.
Dinesh Jindal, Law Office, DPCC
Mr. Jasmeet Singh, IPS, DCP/East
Ms. Meghna Yadav, IPS, DCP/Shahdara
Mr. Parvinder Singh, IPS, Addl. DCP/South
ORDER
1. The issue for consideration is the failure of the statutory authorities in Delhi in controlling noise pollution as per statutory mandate of Noise Pollution (Regulation and Control) Rules, 2000 (Noise Rules). The matter has been dealt with earlier by this Tribunal in the light of judgment of Delhi High Court in Free Legal Aid Cell Vs. Government of NCT of Delhi1 and of the Hon'ble Supreme Court in In Re: Noise Pollution - Implementation of the Laws for restricting use of loud speakers and high volume producing sound systems. 2
2. The grievance of the Applicants is that in spite of the above orders, unsatisfactory state of affairs continued. There was use of DJ systems, music systems, public address systems etc. during weddings or other functions and noise was being created at odd hours adversely affecting the health of the citizens. Reference was made to the order of this Tribunal dated 18.12.2012 in Supreme Court Group Housing Vs. All India Panchayat Parishad, Original Application No. 34/2011 directing establishment of call centers, 1 AIR 2001 Delhi 455 2 (2005) 5 SCC 733 2 drawing up a Standard Operating Procedure (SOP) regarding control of noise pollution and banning the use of generator sets of capacity of 5 KVA and above in the residential areas between 10 pm to 6 am, apart from other directions.
3. The steps taken pursuant to the earlier orders of this Tribunal, included the issuance of orders by the Commissioner of Police and DCP (Traffic) and SDM (East Delhi) and action plans were also placed before the Tribunal providing for setting up of call centers and drawing up detailed SOP for controlling noise pollution. The Ministry of Environment, Forest and Climate Change (MoEF&CC) amended the Noise Rules on 10.01.2010 prohibiting loud speakers, public address systems at night time except in closed premises. The DCP (Traffic) filed a status report indicating the number of challans etc.
4. In Original Application No. 519 of 2016, the Tribunal, vide order dated 27.09.2018, held that steps taken were hardly effective on the ground. The problem of noise pollution continued, directions in the order of the Hon'ble Supreme court in In Re: Noise Pollution - Implementation of the Laws for restricting use of loud speakers and high volume producing sound systems3 had not been fully complied with. Accordingly, the Tribunal directed the Chief Secretary, Delhi, the Commissioner of Police, Delhi and the Delhi Pollution Control Committee (DPCC) to take steps for enforcing the directions of the Hon'ble Supreme Court and the Noise Rules with regard to use of loud speakers, control of vehicular noise and creation of awareness. The Commissioner of Police was to nominate a DCP and the Chief 3 Supra at 2 and (2005) 5 SCC 728 3 Secretary was to nominate a SDM who were to meet once in every week to take stock of the situation. They were to set up an exclusive website and dedicated helpline, apart from other steps. Report of compliance was to be filed.
5. In Original Application. No. 496/2018, Original Application No. 196/2018 and Original Applicant No. 197/2018 also, similar grievance against non-enforcement of the Noise Rules in Delhi have been raised. Vide order dated 10.08.2018 in O.A No. 496/2018, joint inspection was directed to be conducted and a report was directed to be furnished. The report dated 31.10.2018 was considered on 14.02.2019 along with O.A No. 196/2018 and O.A No. 197/2018 and directions were issued to take remedial action. The Tribunal also directed the presence of DCP (East), DCP (Shahdara) and DCP (South) with action plans. O.A No. 496/ 2018, O.A No. 196/2018 and O.A No. 197/2018 were again taken up on 14.03.2019, along with O.A 519/2016 and after interaction with the officers who are to enforce the Noise Rules, further directions were issued to identify and map hotspots, install noise measuring device on the devices causing high noise level, conduct surveillance and monitoring and conduct awareness and coordination with RWAs. The Commissioner of Police, Delhi was also to monitor and furnish a report to this Tribunal. Taking note of the judgments of the Hon'ble Supreme Court in In Re:
Noise Pollution - Implementation of the Laws for restricting use of loud speakers and high volume producing sound systems4, Re: Ramlila 4 (2005) 5 SCC 733 4 Maidan Incident5 and Farhd K. Wadia vs. Union of India & Ors6 and the rules on the subjects, the Tribunal further directed that requisite action be taken including setting up of a website and helpline, The concerned authorities were also required to acquire noise monitoring devices for effective monitoring.
6. In response to the above order, the Special Commissioner of Police, Operations, Delhi has furnished a report dated 15.04.2019 that process has been started for website, two Monitoring Committees- Apex Committee headed by Special CP (Traffic) and a Joint Committee headed by Additional CP, O&M, have been constituted. Further report dated 30.06.2019 has been filed by the DCP, Police Control Room stating that a website has been developed (ngms.delhi.gov.in developed by NICS), helplines (No. 155271, dedicated 24X7) have been developed and awareness programme is to be undertaken by the Local Bodies. Local Bodies have to acquire static and hand held devices and install them at hotspots. Minutes of meetings held by the Joint Committee on different days have been annexed. Reference has also been made to the orders of this Tribunal dated 08.03.2019 and 08.07.2019 in Westend Green Farms Society vs. Union of India & Ors.7, requiring steps to be taken for dealing with the noise pollution at hotels, banquets or other similar establishments having potential for causing noise in Delhi.
7. The DCP (East), DCP (Shahadra) and DCP (South) are present today and have individually furnished further action taken reports dated 5 (2012) 5 SCC 1 6 (2009) 2 SCC 442 7 O.A 400/2017 5 01.07.2019 which show some level of coordination with the RWAs, schools and penal action against individuals found violating the Noise Rules and the provisions of the Environment Protection Act, 1986. The reports also indicate that based on the details and specifications provided by the CPCB, request has been made to concerned authority to provide 25 (East District) & 20 (each for Shahdara and South District) sound measuring devices with a view to equip the staff. We have been also apprised that SDPOs and SHOs have been directed to keep vigil over any activities which are violative of the Noise Rules. ACPs and SHOs of Shahdara District have been directed to brief their division/beat staff to upload sound meter app in their mobile phones to enable them to check noise pollution in their respective areas.
8. In Original Application No. 496/2018, 196/2018 and 197/2018, we take note the action taken report and revised action plan filed by the Commissioner of Police, Delhi on 28.06.2019 which compiles the information already noted, in regard to meetings with the members of the Resident/Market Welfare Associations, educational institutions and imposition of challans. This report also states that a dedicated helpline no. 155271 has been made operation since 05.04.2019 for the purpose of receiving complaints related to noise pollution. Website in the similar lines is still under progress.
9. We find that though some steps have been taken, the enforcement of legal mandate under the Noise Pollution (Regulation and Control) Rules, 2000 and compliance of the directions of the Hon'ble Supreme Court and this Tribunal is still a far cry. Dr. M.P George, Scientist, 6 DPCC, present during the hearing, has stated that DPCC has only five monitoring stations which even according to him are not adequate. The DPCC must undertake gap analysis and set up sufficient number of monitoring stations and acquire such number of equipments as may be necessary. Instructions may be issued for requiring noise measurement equipment to be fitted to the equipment used with the potential of high noise level beyond permissible limits. There is need for instructions that noise levels be displayed at functions where high noise generating equipments are used. The DPCC may notify the specifications and methodology for acquiring such equipment in consultation with concerned technical experts.
10. We sought information about the working of the Monitoring Committees - the Joint Committee and the Apex Committee. There is nothing to show whether the Apex Committee has made any assessment of the monitoring mechanism on regular basis. It is not clear as to what activities such Committees are doing.
11. Under Rule 4(3) of the Noise Rules, the DPCC is required to collect, compile and publish technical and statistical data relating to noise pollution and to undertake measures for prevention, control and abatement of noise. This is not shown to have been done. As already noted, the DPCC does not even have sufficient equipment for collecting such data.
12. It may be noted that while dealing with the issue of noise pollution in Original Application No. 681/2018 News Item Published in 'The Times 7 of India' authored by Shri Vishwa Mohan "NCAP with Multiple Timelines to Clear Air in 102 cities To be Released Around August 15" 8, this Tribunal, vide order dated 15.03.2019 directed the CPCB to prepare noise pollution map and categorize the cities with specified hotspots and prepare a remedial action plan9. It was also noted that there as need for training regulatory machinery, prepare action plan and monitoring mechanism, create awareness among the students and involve RWAs, social and religious institutions, prosecute violators, seize equipment, recover compensation, install noise measurements meter by those using high noise generating equipment with data loggers fitted thereon. The Chief Secretaries of all the states were to finalize their action plans and submit the same to the CPCB. CPCB was to lay down the scale of compensation to be recovered, including the conditions subject to which a seized equipment was to be released. The report filed by CPCB in O.A No. 681/2018 on the subject, inter alia, shows that 46 metropolitan in 17 States/UTs have been identified for carrying out noise mapping and identification of hotspots. It has laid down National Ambient Noise Monitoring Network in 7 cities for 70 locations. Action Plans have been received from 10 States/UTs, including Delhi. The Action Plan of Delhi was found to be non-compliant, with regard to training for use of measurement devices and to develop robust protocol for action against defaulters. With regard to integration of noise meters in public address systems, though the manufacturers associations have found it not to be economically feasible. States of Tripura and West 8 Order dated 15.03.2019 9 Para 12 in O.A 681/2018 8 Bengal10 have made polices for mandatory use of sound limiters in sound systems, for effective control of noise pollution.11 Use of loud speakers is permitted only when amplifiers are attached to sound limiters. The CPCB has suggested that this policy may be practiced by all states to mitigate noise pollution. Scale of compensation is however yet to be finalized. The report may be placed on the website of the CPCB for a period of three months.
13. The CPCB needs to devise the scale of compensation to be adopted as a measure to enforce the Rule 4(2) of the Noise Pollution (Regulation and Control) Rules, 2000 by the concerned authority on the basis of 'Polluter Pays' principle. Though violation of the rules like the Noise Rules here, is a criminal offence punishable under Section 15 of the Environment (Protection) Act, 1986 with imprisonment upto five years and fine upto Rs. 1 lakh, since prosecution of a non-cognizable offence may have its own limitations, civil liability on 'Polluter Pays' principle can be invoked by the enforcement regulatory authority as per the guidelines which may be laid down by the CPCB. The scale of compensation may have reference to the extent and severity of default and whether the default is a repeated offence. Meaningful enforcement of the Noise Rules requires availability of noise measurement equipment and in the course of exercising power of 10 Reference has been also made to proceedings of the Eastern Zone in O.A 158/2016 (EZ). 11 See notification issued by the State of Tripura as follows: "In exercise of the power conferred by rule 5(3) of the Noise Pollution (Regulation and Control) Rules 2000 issued under the Environment (Protection) Act, 1986, the Governor of Tripura is pleased to issue this Notification for mandatory use of Sound Limiter(s) in all Sound System/ Public Address System for effective control of Noise pollution in the whole state with immediate effect as an addendum to rule 5. No sound system should be sold/ purchased/supplied/installed/let out/ used by any manufacturer/ dealer/shopkeeper/ any agency who lets out the PA system etc./ individual without having sound limiter in it. Further, all Licensing Authorities including Police Authorities, Municipal Corporation, Municipal Councils, Nagar Panchayats, Panchayat shall ensure that no audio system or public address system shall be let out/installed without being fitted with sound limiter in any government or non government function and this condition be included in all licenses issued by respective agencies.
9
enforcement under Rule 4(2), the authority can certainly lay down measures including the requirement of installing a noise meter on the noise creating equipment itself, such as loudspeakers, public address systems, DJs etc. under Rule 5, as has been done in West Bengal and Tripura and as recommended by the CPCB for all States/UTs.
14. In view of the above, we find it necessary to issue following directions:
(a) Further steps for meaningful enforcement of Noise Rules be taken by the DPCC and concerned authorities.
(b) Delhi Government may issue appropriate notification on the pattern of Notification issue by the Tripura Government for mandatory use of sound limiters in all sound systems12. Delhi Government may address the observations of CPCB finding deficiency in its action plan with regard to training for use of measurement devices and developing robust protocol for action against defaulters13. A compliance report be filed.
(c) Sound measuring devices as sought by the DCP East, Shahdara and South Districts be made available by the DCP logistics14. Let the Special CP (Traffic), in-charge of the Apex Committee, file an affidavit about the methodology for assessing working of the Committees which are being overseen by the Apex Committee which may include compliance of directions issued to the DCP Logistics.
12
See para 9 above 13 See para 12 above 14 See para 7 above 10
(d) DPCC may undertake gap analysis and set up sufficient number of monitoring stations and acquire requisite number of equipment15, compile and publish statistical data relating to noise pollution16, prescribe interim scale of compensation pending finalization of the same by CPCB17. Compliance report may be filed by DPCC. The above reports may be filed on or before 31.10.2019 by email at [email protected].
Copies of this order be sent to the CPCB and NCT Delhi who are not represented by e-mail.
List for further consideration on 15.11.2019.
Adarsh Kumar Goel, CP S.P. Wangdi, JM K. Ramakrishnan, JM Dr. Nagin Nanda, EM August 1, 2019 Original Application No. 519/2016 and connected matters AK&DV 15 See para 9 & 12 above 16 See para 11 above 17 See para 13 above 11