National Green Tribunal
Hardeep Singh vs South Delhi Municipal Coorperation on 27 September, 2018
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 519 of 2016
Hardeep Singh & Ors. Vs. SDMC & Ors.
CORAM : HON'BLE MR. JUSTICE ADARSH KUMAR GOEL,CHAIRPERSON
HON'BLE MR. JUSTICE S.P. WANGDI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Present: Applicant:
Respondent No. 1: Mr. Krishna Kumar Singh, Adv.
SDMC: Ms. Puja Kalra, Adv., Mr. Virendra Singh, Adv. GNCTD: Mr. Tarunvir Singh Khehar, Mr. Sandeep Mishra, Advs.
DPCC: Mr. Dinesh Jindal, LO
DDA: :Mr. Rajiv Bansal, Sr. Adv. Mr. Kush sharma,
Adv., Mr. Prateek Gautam, Adv
Mr. B.R. Sharma, Adv.
Date and Orders of the Tribunal
Remarks
Item No.
10 1. At the outset, we may state that nobody has September appeared on behalf of the applicant, except a proxy 27, 2018 dv Counsel seeking adjournment.
2. This Application was filed for direction to frame and enforce the mechanism to stop noise pollution from 10:00 pm to 06:00 am. The averments made in the application are that Respondent Nos. 9 to 19 (CGS Bar, R-9 PULSE BAR, R-10, SKY BAR, R-11, Privilege Punjab Bar & Restaurant, R-12, Lords of Drink Chamber, R-13, Drunk House Bar & Restaurant, R-14, Ikka Bar & Restaurant, R- 15, QUBITOS, R-16, BOOM BOX, R-17, HABIBI, R-18 and Factory Bar, R-19) in the area of Rajouri Garden are using loud speakers, DJ systems, Music Systems, public address system etc. during weddings, receptions, parties and other functions arranged in the premises of respondents no. 9 to 19. They are also operating bars/hooka bars/restaurants, arranging parties, marriages etc. in the said area. The noise emanating from the loud speakers, musical systems, DJ sets, etc. disturbs 1 and affects the residents living in the area, from the commencement of the function until past midnight. The Item No. 10 noise produced also affects the sleep of the residents, September more particularly infants and aged people and also 27, 2018 dv deprives children from concentrating in their studies and preparing for tests and examinations.
3. Inspite of several representations to the statutory authorities, i.e. respondents no. 1 to 8 (R-1, South Delhi Municipal Corporation, R-2, The Commissioner of Police, R-3, SHO Delhi Police, Rajouri Garden, R-4, Deputy Commissioner of Police (Traffic), R-5, Additional Commissioner (Licensing) Delhi Police, R-6, Sub-Divisional Magistrate (West), R-7, Ministry of Environment, Forests & Climate Change, R-8, Govt. of NCT of Delhi, Department of Environment), no improvement has taken place. The noise pollution created is in violation of Noise Pollution (Regulations and Control) Rules, 2000 under the provision of the Environment (Protection) Act, 1986. The relevant Rule is as follows:
Ambient Air Quality Standards in Respect of Noise Area Category of Limits in dB(A) Leq Code Area/Zone Day time Night time (6.00 am to (10.00 pm to 10.00 pm) 6.00 am) A Industrial 75 70 Area B Commercial 65 55 Area C Residential 55 45 Area D Silence 50 40 Zone
4. Reference has been made to the order of this Tribunal dated 18.12.2012, Supreme Court Group Housing Vs. All India Panchayat Parishad, Application No. 34/2011 2 directing establishment of call centre, drawing up a Item No. Standard Operating Procedure (SOP) regarding control of 10 September noise pollution in industrial, hospitals and 27, 2018 dv educational/institutional areas, drawing up a Standard Operating Procedure (SOP) to implement ban on use of generator sets of capacity of 5 KVA and above in the residential areas between 10 pm to 6 am. Further directions have been issued to increase fine, ban manufacturing/distribution/sale of pressure horns.
5. Reference has also been made to the judgment of the Hon'ble High Court of Delhi dated 10.05.2001 in Free Legal Aid Cell Vs. Government of NCT of Delhi : AIR 2001 Delhi 455.
6. Lavish night parties continue to be held making free use of stereos, shocking the locality. Terrace parties are also held in same way using high capacity stereo systems, with no regard for the convenience and comfort of the people of the vicinity. Loudspeakers are used at highest pitch disturbing the studies of the students.
7. As observed in Re: Noise Pollution - Implementation of the Laws for restricting use of loud speakers and high volume producing sound systems, (2005) 5 SCC 733, noise has both auditory and non-auditory effects, depending upon the intensity and the duration of the noise level. It affects sleep, hearing, communication, mental and physical health. It may even lead to the madness of people. However, noises, which are melodious, whether natural or man-made, cannot always be considered as factors leading to pollution. Noise can disturb our work, rest, sleep, and communication. It can damage our 3 hearing and evoke other psychological and possibly pathological reactions. However, because of complexity, Item No. 10 variability and the interaction of noise with other September 27, 2018 environmental factors, the adverse health effects of noise dv do not lend themselves to a straightforward analysis.
"Hearing Loss, Deafness, like poverty, stuns and deadens its victims."-says Helen Keller. Hearing loss can be either temporary or permanent. Noise-induced temporary threshold shift (NITTS) is a temporary loss of hearing acuity experienced after a relatively short exposure to excessive noise. Pre-exposure hearing is recovered fairly rapidly after cessation of the noise. Noise induced permanent threshold shift (NIPTS) is an irreversible loss of hearing that is caused by prolonged noise exposure. Both kinds of loss together with presbyacusis cause permanent hearing impairment. NIPTS occurs typically at high frequencies, usually with a maximum loss at around 4,000 Hz. It is now accepted that the risk of hearing loss is negligible at noise exposure levels of less than 75 dB(A) Leq (8-hr). Based on national judgments concerning acceptable risk, many countries have adopted industrial noise exposure limits of 85 dB(A) +5 dB(A) in their regulations and recommended practices. [N.B.- Hz. is abbreviation of Hertz which is the unit of frequency, equal to one cycleper second. Hertz (Hz) is the name, by international agreement, for the number of repetitions of similar pressure variations per second of time; this unit of frequency was previously called "cycles per second" (cps or c/s)].
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8. The 2000 Rules were enacted with the following recital:
Item No. 10 "Whereas the increasing ambient noise levels in September public places from various sources, inter-alia, 27, 2018 industrial activity, construction activity, generator dv sets, loudspeakers, public address systems, music systems, vehicular horns and other mechanical devices, have deleterious effects on human health and the psychological well being of the people; it is considered necessary to regulate and control noise producing and generating sources with the objective of maintaining the ambient air quality standard in respect of noise;"
9. Rules provide for categorizing the areas as industrial, commercial, residential as silence zones. The State Governments are required to take measures for abatement of noise. Areas within 100 meters around hospitals, educational institutions and Courts are silence zone. Loudspeakers or a public address systems cannot be used except after obtaining written permission. They cannot be used from 10:00 pm to 06:00 am.
10. In Re: Noise Pollution, supra, the Hon'ble Supreme Court directed that the noise level at public place should not exceed 10 dB(A) above the ambient noise standards or 75 dB(A) whichever is lower. No one can beat a drum or tom-tom or blow a trumpet or beat or sound any instrument or use any sound amplifier at night (between 10 p.m. and 6.a.m.), except in public emergencies. No horn should be blown at night (between 10 p.m. to 6 a.m.). The States should make provision for seizure and confiscation of loudspeakers, amplifiers and such other equipments as are found to be creating noise beyond the permissible limits.
11. In the order of the Tribunal referred to above, 5 standing orders 73 and 82 issued by the Commissioner of Item No. Police and DCP (Traffic) and SDM (East Delhi) were 10 September referred to. The Tribunal directed the Jt. Commissioner of 27, 2018 dv Police (Traffic) as well as Jt. Commissioner of Police (Genl.) to report the steps taken for implementation. It was found that the rules are followed more in its breach than compliance. The Divisional Commissioner (East Delhi) was directed to convene a meeting comprising Member Secretary, DPCC, Jt. Commissioner (Police HQ), the Jt. Commissioner (Traffic), Additional Commissioner (Transport/Enforcement), Additional Commissioner, (Licensing) etc. to workout the modalities.
12. Accordingly, a detailed action plan was prepared and placed before the Tribunal which provides for setting up of call centres where complaints could be received 24 x 7, drawing up a detailed Standard Operating Procedure (SOP) for controlling of pollution in industrial, hospitals and educational/institutional areas as well as ban on use of generator sets of capacity of 5 KVA and above in the residential area between 10 pm to 6 am. The Transport Department was to issue notifications to increase fine amount and ban the manufacturing / distribution / sale of pressure horn. The Traffic Police was to have a campaign for challan and prosecutions. The Delhi Police was to seize the amplifiers and other noise pollutants. The Deputy Commissioner was to chalk out strategies in the area.
13. An affidavit has been filed by the Commissioner Health Officer, SDMC stating that inspection was 6 conducted at the terrace and some of the respondents Item No. were closed. They were closed and sealed under Sections 10 September 345A and 421 of the DMC Act, 1957. The music systems 27, 2018 dv of four restaurants were seized by the Police.
14. The Ministry of Environment, Forests and Climate Change (MoEF&CC) in its affidavits dated 11.10.2002 and 19.10.2006 has referred to the 2000 rules which have been amended. Further amendment is made on 11.01.2010 to the effect that no loudspeaker or a public address system or any sound producing instrument or a musical instrument or a sound amplifier shall be used at night time except in closed premises for communication within, like auditoria, conference rooms, community halls, banquet halls or during a public emergency. The noise pollution shall not exceed 10dB(A) above the ambient noise standards for the area or 75 dB(A) whichever is lower. No horn shall be used in silence zones. Sound emitting fire crackers shall not be burst in silence zone or during night time. Sound emitting construction equipments shall not be used or operated during night time in residential areas and silence zones.
15. The DCP (Traffic), Western Range, has filed a status report stating that 324 challans for improper parking have been issued in the areas where restaurants/bars exist. In addition, 11948 challans have been issued for improper parking in the entire area of Rajouri Garden Circle. Similarly, 4105 vehicles have been towed away with the help of crane in the area. Also 308 challan for honking horns and 130 challans for pressure horns have been 7 issued during the period from 01.01.2016 to 30.11.2016. Item No. 10
16. Delhi Pollution Control Committee (DPCC), in its September 27, 2018 affidavit, has stated that restaurants are operating dv without Consent to Establish and Consent to Operate. A list of restaurants operating in the area has been filed with the inspection report.
17. The Department of Environment Management Services (EMS) West Zone (SDMC) have filed a 'comprehensive' status report in relation to waste generation near restaurants in Vishal Enclave. It is stated that respondents were required to comply with the Municipal Solid Waste Management Rules, 2016 and order of the Tribunal dated 02.12.2016 in Sukhdev Vihar Residents Welfare Association and Ors. Vs. State of NCT of Delhi & Ors.1
18. The ACP (Sub-division), Rajouri Garden, West Delhi, has filed an inspection report stating that in most of the restaurants, no activity was taking place at the time of inspection. A survey report of bars has been filed.
19. The above resume of the facts and proceedings clearly shows that there is hardly any compliance of law and the problem of noise pollution by commercial establishments as well as by individuals continues unabated. Action taken is just a tip of the iceberg.
20. As already noted, the matter was considered by the Hon'ble Supreme court in Re: Noise Pollution, Supra, in the 1 Original Application No. 640/2018 8 context of an incident of rape of a minor girl whose cries were ignored on account of loud noise. It was held that peaceful living, without being disturbed by noise, was part Item No. 10 of fundamental issue under Article 21. Noise was a health September hazard. Reference was made to statutory provisions for 27, 2018 dv control of noise in India and other countries as well as the case law on the point.
21. The Hon'ble Supreme Court issued directions for controlling the menace of noise pollution by the crackers, loud speakers, vehicular noise and also general directions. There is also a direction for creations awareness.
22. One of the significant directions in terms of the order dated 27th September, 2011, which has been quoted in the said judgment is as follows:
"119. (1) xxxxx (2) xxxxx (3) xxxxx (4) The State Education Resource Centres in all the States and the Union Territories as well as the management/principals of schools in all the States and Union Territories shall take appropriate steps to educate students about the ill-effects of air and noise pollution and apprise them of Directions"
23. It was noted that the above directions have been by and large complied with. The Hon'be Supreme Court noticed that the rules framed were not comprehensive, the authorities responsible for implementing were not fully identified and there was lack of equipment for proper measurement of noise levels. Final directions issued included creation of awareness towards the hazardous effects of noise pollution by incorporating the subject in the school syllabus and also imparting training to Police and Civil Administration. Direction was also issued for 9 coercive measures for confiscation of equipment used for creating the noise beyond permissible limits. Item No. 10
24. Having regard to the material on record in the present September 27, 2018 case, it appears to be necessary to repeat the directions in dv the Judgment of the Hon'ble Supreme Court and to evolve a mechanism for compliance of the said directions.
25. Some of the directions are quoted herein below for ready reckoner:
"(ii) Loudspeakers
175. 1. The noise level at the boundary of the public place, where loudspeaker or public address system or any other noise source is being used shall not exceed 10 dB(A) above the ambient noise standards for the area or 75 dB(A) whichever is lower.
2. No one shall beat a drum or tom-tom or blow a trumpet or beat or sound any instrument or use any sound amplifier at night (between 10.00 p.m. and 6 a.m.) except in public emergencies.
3. The peripheral noise level of privately- owned sound system shall not exceed by more than 5 dB(A) than the ambient air-quality standard specified for the area in which it is used, at the boundary of the private place.
(iii) Vehicular Noise
176. No horn should be allowed to be used at night (between 10 p.m. and 6 a.m.) in residential area except in exceptional circumstances.
(iv) Awareness
177. 1. xxxxx
2. The State must play an active role in this process. Resident Welfare Associations, service clubs and societies engaged in preventing noise pollution as a part of their projects need to be encouraged and actively involved by the local administration.
3. Special public awareness campaigns in anticipation of festivals, events and ceremonial occasions whereat firecrackers are likely to be 10 used, need to be carried out."
26. We accordingly direct as follows:
i. The Chief Secretary, Delhi, Commissioner of Item No. Police, Delhi and Delhi Pollution Control 10 Committee will be responsible for September 27, 2018 dv enforcement of directions of the Hon'ble Supreme Court referred to above as well as to comply with the Statutory Rules and Regulations and instructions on the subject. They have to take effective steps in the matter;
ii. The Commissioner of Police may nominate a DCP exclusively for dealing with the issue of noise pollution. Other police authorities of Delhi must co-operate and report to the DCP (Noise Pollution) with regard to the issue of noise pollution;
iii. Chief Secretary of Delhi may nominate one SDM exclusively for dealing with the issue of noise pollution in same manner as (ii) above; iv. The above DCP and the SDM must have a joint meeting to review the situation atleast once in a week;
v. They may have their exclusive website for receiving and disseminating information to the public. A dedicated helpline 24 x 7 may be made operative which may be jointly monitored by the DCP and the SDM.
vi. The Member Secretary of Delhi Legal Services Authority may nominate two senior citizens 11 and suitable number of paralegal volunteers representing the concerned areas who may attend atleast one meeting with the DCP and Item No. 10 the SDM in a fortnight.
September vii. A complete public redressal mechanism 27, 2018 dv system should be devised for receiving complaints by SMS, telephones or e-mails. viii. The Joint Committee of DCP and SDM will co-ordinate with the statutory authorities so as to ensure that any equipment used is seized, any license of the person using such equipment may be cancelled, prosecution initiated, fines recovered.
ix. The statutory authorities may suitably enhance the amount of fine so as to act as deterrent.
x. The amount of fine collected may be credited to a separate fund and utilised in the process of creating awareness, including by way of awareness programmes in educational institutions by instituting prizes and awards for the participants.
This mechanism will be in addition to and not in substitution of the existing statutory mechanism under the rules.
27. A quarterly report of the action taken may be sent to this Tribunal. First such report may be sent by 15.01.2019 by e-mail at [email protected]. 12
28. A copy of this order be sent to the Chief Secretary, Delhi, the Police Commissioner, Delhi, the Member Secretary, Delhi Legal Services Authority and the Member Item No. 10 Secretary, DPCC by e-mail for compliance. September 27, 2018 dv 29. Needless to say that order of National Green Tribunal is binding as a decree of Court and non- compliance is actionable by way of punitive action including prosecution, in terms of the National Green Tribunal Act, 2010.
30. To consider the report which may be received in pursuance of the above directions, the matter may be listed on 8th February, 2019.
The application stands disposed of.
.........................................., CP (Adarsh Kumar Goel) ..........................................,JM (S.P. Wangdi) ..........................................,EM (Dr. Nagin Nanda) 27.09.2018 13