National Green Tribunal
Akhand Bharat Maorcha vs Union Of India on 13 September, 2018
BEFORE THE NATIONAL GREEN TRIBUNAL,
PRINCIPAL BENCH, NEW DELHI
Original Application No. 196/2018
(M. A. No. 534/2018 & M. A. No. 1316/2018)
&
Original Application No. 197/2018
(M. A. No. 535/2018& M. A. No. 1305/2018)
Akhand Bharat Morcha Vs. Union of India & Ors.
&
Akhand Bharat Morcha Vs. Union of India & Ors.
CORAM : HON'BLE MR. JUSTICE RAGHUVENDRA S. RATHORE, JUDICIAL MEMBER
HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
Present: Applicant: Mr. Rahul Raj Malik, Adv.
Respondents: Ms. Sakshi Popli, Adv along with Mr. Dinesh
Jindal, Lo, DPCC Mr. B.V. Niren, and Mr Kshitij Mudgal, Advs for R-1 Mr. Tarunvir Singh Khehar, Mr. sandeep Misra and Ms. Guneet Khehar, Advs.
Mr. Iqbal Ashraf Rahmani, Adv.
Date and Orders of the Tribunal
Remarks
Item No.
11-12
Learned Counsel for respondent no.1 submits that September he would be adopting the reply filed by respondent no.2 13, 2018 Heard the Learned Counsels for the parties. The applicant has primarily raised the grievance in respect of noise pollution caused by the respondents and the use of loud speaker. Further he has prayed that the officials of the respondents would make periodical visit so as to ensure compliance of the order.
At the outset, it may be mentioned that similar original application was filed by the same applicant before the Tribunal in the year 2016 and 2018.
The original application (515 of 2016) has been decided by a the larger Bench of the Tribunal on 19.09.2017 with the following directions:
1. "Learned Counsel for respondent nos. 6 to 10 and 12 submits that they are using loudspeaker but they are not exceeding the prescribed parameters. They further state that they have no intention of disturbing the public Item No. at large or to violate the prescribed decibel 11-12 standards.
2. Learned Counsel for the NCT of Delhi and DPCC September submits that they would conduct the 13, 2018 inspection to check the noise level from different masjids stated in this application and would test the ambient air quality and noise level. If noise levels are found to be exceeding the prescribed decibel they would take action in accordance with law."
In the original application no. 496 of 2018 directions were issued to Deputy Commissioner of Police ,East to take steps for compliance of the order of the Tribunal dated 19-09-2017. Furthermore, direction was also issued to CPCB and DPCC to conduct a joint inspection on random basis at interval to ascertain whether there is violation of environmental law and if so to take penal action in terms of the legal provisions. It was further directed that CPCB will be the nodal agency.
Taking into consideration the grievances raised by the applicant in both these original applications and the orders already passed in the same subject by the larger Bench of the Tribunal, we dispose of these original applications with the direction to the concerned Deputy Commissioner of Police to take steps, as has been ordered on 19-09-2017.
Likewise, we direct the CPCB and DPCC to conduct a joint inspection on random basis at interval to ascertain whether there is violation of law. In case it is found that law has been violated, CPCB may then proceed against violators in accordance with law.
With the aforesaid directions, the original application no. 196 of 2018 and the original application no. 197 of 2018 stand disposed of, with no order as to cost.
Item No. 11-12 M. A. Nos. 534 of 2018 , 1316 of 2018, 535 of September 2018 & 1305 of 2018 13, 2018 These misc. applications do not survive for consideration as the main application itself stand disposed of.
A copy of this order be sent to the CPCB through E-mail. The CPCB shall file a compliance report within two months from today and send it through E-mail to NGT.
List the matter for consideration of the compliance report along with original application no. 496 of 2018 on 06th February, 2019.
..........................................,JM (Raghuvendra S. Rathore) ..........................................,EM (Dr. Satyawan Singh Garbyal) jg