National Green Tribunal
D K Puri vs Govt. Of Nct Of Delhi & Ors on 19 July, 2023
Item No. 08 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(BY HYBRID MODE)
Original Application No. 628/2022
D. K. Puri Applicant
Versus
Govt. of NCT of Delhi & Ors. Respondent(s)
Date of hearing: 19.07.2023
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, CHAIRPERSON
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Baldev Krishan, Adv. with Mr. D.K. Puri, Applicant
Respondent: Mr. Narender Pal Singh, Adv. for DPCC
Mr. Virendra Singh, Adv. for MCD
Mr. Nagender Deswal, Adv. for R - 5
ORDER
1. Grievance of the applicant is noise pollution caused by continuous running of generators by Reliance Mall at A Block Community Centre, Vikas Puri, Delhi. The contention of the applicant is that the mall is running 2 x 2000 KVA generators round the clock which are causing noise pollution harmful to the physical and mental health of residents of the locality including senior citizens and posing serious health problems to them by leading to irritation and loss of sleep, rest and peace.
2. The matter was taken up by this Tribunal on 30.09.2022 and a joint Committee was constituted with direction to submit a factual and action taken report.
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3. In compliance of the order, the joint Committee submitted the report on 01.12.2022 as follows:
"Site visit was conducted and following are observations:
a. M/s Reliance Mall has 3B+G+5 Floors in which commercial activities and telecom services/ data services are being carried out.
b. M/s Reliance Mall is in possession of 2x1875, 2x1250 kVA D.G. Sets which were found installed in basement with acoustic enclosures along with adequate stack height. c. In addition to above, two additional D.G. Sets of 2080 kVA each bearing engine nos. 85004609 and 85004519 are installed on ground floor with individual acoustic enclosures in an acoustically treated room with stack height of 30.0 m each (above from ground floor) and 6 of above the roof level.
i. Both D.G. Sets of 2080 kVA are intended to be used for telecom ii. As per log book, the above D.G. Sets are not in operation for last a services/ data services. six months except for maintenance purposes/ fuel refilling. Log book is annexed as Annexure III.
Ambient Air Quality Standards in respect of Noise for different areas/zones prescribed in the Noise Pollution (Regulation and Control) Rules, 2000 published vide S.O. 123(E), dated 14.2.2000 are as follows:
Area Category Area/ Limits in dB(A) Leg
Code Zone Day Time Night Time
(A) Industrial area 75 70
(B) Commercial area 65 55
(C) Residential area 55 45
(D) Silence Zone 50 40
Note:-
1. Day time shall mean from 6.00 a.m. to 10.00 p.m.
2. Night time shall mean from 10.00 p.m. to 6.00 a.m. The Rule 7 (1) of The Noise Pollution (Regulation and Control) Rules, 2000 provides as follows:
"7 (1) A person may, if the noise level exceeds the ambient noise standards by 10 dB (A) or more given in the corresponding columns against any area/zone or, if there is a violation of any provision of these rules regarding restrictions imposed during night time, make a complaint to the authority"
Results of noise monitoring dated 14.11.2022 of both D.G. Sets of 2080 kVA are as follows:
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(1). D.G. Set 1 (2080 kVA) 1 Name & Address of the M/s. Reliance Mall, A, Block, Unit Community Centre Vikas Puri, New Delhi-110018 2 Date of Monitoring 14.11.2022 3 Year of Manufacture After Jan. 2005 but more than 1000 kVA.
4 Time of Monitoring 16:10PM
5 Engine No. 85004519
S. Location Noise Level Remarks
No.
1 Ambient Noise Level at 56.5 Non --
left side of the unit in Leq Operational
dB (A)
2 Ambient Noise Level at 57.8 DG Set was
left side of the unit in Leq operational
dB (A)
3 Ambient Noise Level at 56.9 Non --
left side of the unit in Leq Operational
dB (A)
4 Ambient Noise Level at 62.7 DG Set was
left side of the unit in Leq operational
dB (A)
5 Insertion loss of the 35.9 DG Set was
acoustic enclosure in Leq operational
dB (A)
(II.) D.G. Set 2 (2080 kVA)
1 Name & Address of the M/s. Reliance Mall, A, Block,
Unit Community Centre Vikas Puri,
New Delhi-110018
2 Date of Monitoring 14.11.2022
3 Year of Manufacture After Jan. 2005 but more than
1000 kVA.
4 Time of Monitoring 15:50 PM
5 Engine No. 85004609
S. Location Noise Level Remarks
No.
1 Ambient Noise Level at 56.5 Non --
left side of the unit in Leq Operational
dB (A)
2 Ambient Noise Level at 58.1 DG Set was
left side of the unit in Leq operational
dB (A)
3 Ambient Noise Level at 56.9 Non --
left side of the unit in Leq Operational
dB (A)
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4 Ambient Noise Level at 63.3 DG Set was
left side of the unit in Leq operational
dB (A)
5 Insertion loss of the 34.1 DG Set was
acoustic enclosure in operational
Leq dB (A)
The noise monitoring of the D.G. Sets indicate that insertion loss of acoustic enclosure is meeting the limit of 25 dB (A) as prescribed vide G.S.R. 371(E), dated 17.05.2002 and ambient level are not exceeding the ambient noise of 65 dB (A) prescribed for commercial area as the D.G. Sets under reference are installed within the boundaries of the commercial complex. Copy of relevant portion of Schedule I appended to Environment (Protection) Rules, 1986 notified vide Notification dated 17.05.2002 is annexed herewith as Annexure-IV.
Noise Monitoring results are meeting with prescribed standards as prescribed for Insertion Loss in Notification 2002 and ambient noise as prescribed under Noise Rules, 2000."
4. Increasing noise levels in the urban areas, is posing a serious threat to health of the people in general and especially to the children and old, in particular. It is also an admitted fact that automobiles, due to its engine (auto mechanism) noise and also, noise generated by blowing of horns contribute significantly to ambient noise levels in urban areas. Needless to say that various reports available in the public domain, record that ambient noise levels in most of urban areas in the country are exceeding the ambient noise level standards as set out in the Noise Pollution (Regulation and Control) Rules, 2000. Noise pollution is a significant environmental problem in many urban areas. This problem has not been adequately addressed and remedied despite the fact that it is growing in developing countries. This widespread non- recognition of noise pollution problem, in a similar fashion as to air and water pollution problems, could be attributed to reasons such as; by the definition and perception of noise as a subjective experience, short decay time, and difficulty to associate cause with effect when it comes to health impacts. Depending on its duration and volume, the effects of noise on human health and comfort are divided into four categories; physical effects, such as hearing defects; 4 physiological effects, such as increased blood pressure, irregularity of heart rhythms and ulcers; psychological effects, such as disorders, sleeplessness and going to sleep late, irritability and stress; and finally, effects on work performance, such as reduction of productivity and misunderstanding what is heard.
5. The Motor vehicle rule 120 prescribes the noise standards for automobiles at manufacturing stage and are as under:
"120. (2) Noise standards--Every motor vehicle shall be constructed and maintained so as to conform to noise standards specified in Part E of the Schedule VI to the Environment (Protection) Rules, 1986, when tested as per IS: 3028-1998, as amended from time to time. Similarly, Section 126 of the Central Motor Vehicles Rules, stipulate the requirement that prototype every motor vehicle to be subjected to test. The Rule is reproduced below:
126. Prototype of every motor vehicle to be subject to test--- On and from the date of 'Commencement' of Central Motor Vehicles (Amendment) Rules 1993, every [manufacturer or importer] of motor vehicles other than trailers and semi-trailers shall submit the prototype of the vehicle [to be manufactured or imported by him] for test by the Vehicle Research and Development Establishment of the Ministry of Defence of the Government of India or Automotive Research Association of India, Pune, [or the, Central Farm Machinery Testing and Training Institute, Budni (MP)] or the Indian Institute of Petroleum, Dehradun, [or the Central Institute of Road Transport, Pune, or the International Centre, for Automotive Technology. Manesar,] [or the Northern. Region Farm Machinery Training and Testing Institute, Hisartesting of combine harvester)] and such other agencies as may be specified by the Central Government or granting a certificate by that agency as to the compliance of provisions of the Act and these rules:
[Provided that the procedure for type approval and certification of motor vehicles of compliance to these rules shall be in accordance with the AIS; 017-2000, as amended from time to time:] [Provided further that in respect to the vehicles imported into India as completely built units (CBU), the importer shall submit a vehicle of that particular model and type to the testing agencies for granting a certificate by that agency as to the compliance to the provision of the Act and these rules.] [126A.5
The testing agencies referred to in rule 126 shall in accordance with the procedures laid down by the Central Government also conduct tests on vehicles drawn from the production line of the manufacturer to verify whether these vehicles conform to the provisions of [rules made under section 110 of the Act]:] [Provided that in case the number of vehicles sold in India for a given base model and its variants (manufactured in India or imported to India) are less than 250 in any consecutive period of six months in a year, then such base model and its variants need not be subjected to the above test, if at least one model or its variants manufactured or imported by that manufacturer or importer, as the case may be, is subjected to such tests at least once in a year:
Provided further that, in case the number of base models and its variants manufactured/imported is more than one and if the individual base model and its variants are less than 250 in any consecutive period of six months in a year, then the testing agencies can pick up one of the vehicle out of such models and their variants once in a year for carrying out such test.]"
6. There is a need for creating general awareness towards the hazardous effects of noise pollution. Suitable chapters may be added in the text-books which teach civic sense to the children and youth at the initial/early level of education. Special talks and lectures be organised in the schools to highlight the menace of noise pollution and the role of the children and younger generation in preventing it. Police and civic administration should be trained to understand the various methods to curb the problem and also the laws on the subject. The State must play an active role in this process. Residents 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. Special public awareness campaigns in anticipation of festivals, events and ceremonial occasions whereat firecrackers are likely to be used, need to be carried out.
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7. The matter was previously raised before the Hon'ble Supreme Court of India in the case of M.C. Mehta Vs. Union of India & Ors., Writ Petition (Civil) No. 13029 of 1985 dated 24.08.2018 and Hon'ble Apex Court dealt with the matter as follows:-
16. It is an established principle of law that the right to life, as envisaged under Article 21 of the Constitution of India includes the right to a decent environment. It includes within its ambit the right of a citizen to live in a clean environment. With regard to vehicular traffic, this Court has issued a number of directions to ensure a clean environment and reduce pollution. It has been held that the right to clean environment is a fundamental rights.
The right to live in an environment free from smoke and pollution follows from the "quality" of life which is an inherent part of Article 21 of the Constitution. The right to live with human dignity becomes illusory in the absence of a healthy environment. The right to life not only means leading a life with dignity but includes within its ambit the right to lead a healthy, robust life in a clean atmosphere free from pollution. Obviously, such rights are not absolute and have to co-exist with sustainable development. Therefore, if there is a conflict between health and wealth, obviously, health will have to be given precedence. When we are concerned with the health of not one citizen but the entire citizenry including the future citizens of the country, the larger public interest has to outweigh the much smaller pecuniary interest of the industry, in this case the automobile industry, especially when the entire wherewithal to introduce the cleaner technology exists."
8. CPCB has issued certain guidelines and rules are framed with regard to the noise pollution. The Noise Pollution (Regulation and Control) Rules, 2000 provides as follows:
Whereas the increasing ambient noise levels in public places from various sources, inter-alia, industrial activity, construction activity, fire crackers, sound producing instruments, generator sets, loud speakers, 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 standards in respect of noise.The Noise Pollution (Regulation and Control) Rules, 2000 provides Ambient air quality standards in respect of noise for different areas/zones as under.-7
(1) The ambient air quality standards in respect of noise for different areas / zones shall be such as specified in the Schedule annexed to these rules.
(2) The State Government shall categorize the areas into industrial, commercial, residential or silence areas / zones for the purpose of implementation of noise standards for different areas.
(3) The State Government shall take measures for abatement of noise including noise emanating from vehicular movements, blowing of horns, bursting of sound emitting firecrackers, use of loud speakers or public address system and sound producing instruments and ensure that the existing noise levels do not exceed the ambient air quality standards specified under these rules.
(4) All development authorities, local bodies and other concerned authorities while planning developmental activity or carrying out functions relating to town and country planning shall take into consideration all aspects of noise pollution as a parameter of quality of life to avoid noise menace and to achieve the objective of maintaining the ambient air quality standards in respect of noise.
(5) An area comprising not less than 100 metres around hospitals, educational institutions and courts may be declared as silence area / zone for the purpose of these rules.
5. Restrictions on the use of loud speakers / public address system and sound producing instruments.- (1) A loud speaker or a public address system or any sound producing instrument or a musical instrument or a sound amplifier shall not 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.
(2) Notwithstanding any thing contained in sub-rule (2), the State Government may subject to such terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or public address system and the like during night hours (between 10.00 p.m. to 12.00 midnight) on or during any cultural or religious festive occasion of a limited duration not exceeding fifteen days in all during a calendar year. The concerned State Government shall generally specify in advance, the number and particulars of the days on which such exemption would be operative.
8 (3) 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;
(4) The peripheral noise level of a privately owned sound system or a sound producing instrument shall not, at the boundary of the private place, exceed by more than 5 dB (A) the ambient noise standards specified for the area in which it is used.
5A. Restrictions on the use of horns, sound emitting construction equipments and bursting of fire crackers:-
(1) No horn shall be used in silence zones or during night time in residential areas except during a public emergency.
(2) Sound emitting fire crackers shall not be burst in silence zone or during night time.
(3) Sound emitting construction equipments shall not be used or operated during night time in residential areas and silence zones.
6. Consequences of any violation in silence zone / area.-
Whoever, in any place covered under the silence zone / area commits any of the following offence, he shall be liable for penalty under the provisions of the Act:-
(i) whoever, plays any music or uses any sound amplifiers,
(ii) whoever, beats a drum or tom-tom or blows a horn either musical or pressure, or trumpet or beats or sounds any instrument, or
(iii) whoever, exhibits any mimetic, musical or other performances of a nature to attract crowds.
(iv) whoever, bursts sound emitting fire crackers; or
(v) whoever, uses a loud speaker or a public address system.
7. Similarly, the ambient noise standard in respect of noise is also laid down and necessary protocol are there which is as follows:
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"
Area Category of Area / Zone Limits in dB(A) Leq* code Day Night Time (A) Industrial area Time 75 70 (B) Commercial area 65 55 (C) Residential area 55 45 (D) Silence Zone 50 40 Note:-
1. Day time shall mean from 6.00 a.m. to 10.00 p.m.
2. Night time shall mean from 10.00 p.m. to 6.00 a.m. Table 1: National Ambient Air Quality Standards Pollutant Time Concentration Ecologically Weighted in Ambient Sensitive Average Air Area Industrial, (notified by Residential, Central Rural and Government Other Areas Sulphur Dioxide Annual* 50 80 20 80 (SO2), 24 hours** μg/m3 Nitrogen Dioxide Annual* 40 80 30 80 (NO2), 24 hours** μg/m3 Particulate Matter Annual* 60 100 60 100 (size less than 24 hours** 10 μm) or PM10 μg/m3 Particulate Matter Annual* 40 60 40 60 (size less than 24 hours** 2.5 μm) or PM2.5 μg/m3 Ozone (O3) μg/m3 8 hours* 100 180 100 180 1 hour** Lead (Pb) Annual* 0.50 1.0 0.50 1.0 μg/m3 24 hours** Carbon Monoxide 8 hours* 02 04 02 04 (CO) mg/m3 1 hour** Ammonia (NH3) Annual* 100 400 100 400 μg/m3 24 hours** Benzene (C6H6) Annual* 5 5 μg/m3 10 Benzo(a)Pyrene(BaP)- Annual* 1 1 particulate phase only, ng/m3 Arsenic(As), Annual* 6 60 ng/m3 Nickel (Ni), Annual* 20 20 ng/m3 * Annual arithmetic mean of minimum 104 measurements in a year at a particular site taken twice a week 24 hourly at uniform intervals.
"An individual is entitled to sleep as comfortably and as freely as he breathes. Sleep is essential for a human being to maintain the delicate balance of health necessary for its very existence and survival. Sleep is, therefore, a fundamental and basic requirement without which the existence of life itself would be in peril. To disturb sleep, therefore, would amount to torture which is now accepted as a violation of human right. It would be similar to a third degree method which at times is sought to be justified as a necessary police action to extract the truth out of an accused involved in heinous and cold-blooded crimes. It is also a device adopted during warfare where prisoners of war and those involved in espionage are subjected to treatments depriving them of normal sleep."
32. Thus, under no circumstances loud-speakers or any public address system or musical system or sound amplifiers can be permitted to be used between 12.00 p.m. to 6.00 a.m. For the period between 10pm to 12 midnight the power of relaxation has been conferred only upon the State Government under Sub Rule 3 of Rule 5.
9. Noise pollution is an emerging environmental threat, prolonged exposure of which can cause annoyance, sleep disturbance, hypertension, psychiatric disorders, and also hormonal dysfunction. Among all the sources of noise pollution, the noise generated by road vehicle traffic significantly affects the quality of urban environments. Concerning the recent imposition of COVID-19 societal lockdown, the average noise levels before lockdown and during lockdown were found to be in the range of 44.85 dB to 79.57 dB and 38.55 dB to 57.79 dB, respectively, for different zones. Although a significant reduction in the noise levels was observed 11 during lockdown, except for commercial zone, all other monitoring stations had reported sound levels quite higher than the recommended noise limits set by the Central Pollution Control Board (CPCB) of India. Results further indicated that the impact of road traffic noise on risk of high annoyance and sleep disturbance was found to be lower during lockdown as compared to that of pre-lockdown and unlock phase. While the annoyance level in residential (86.23%), industrial (87.44%), and silence (84.47%) was higher in pre-lockdown period, it reduced to 41.25, 50.28, and 43.07% in the lockdown phase. Even the risk of sleep disturbance in the residential zone was found to reduce from 37.96% during pre-lockdown to 14.72% during lockdown.
10. The Central Pollution Control Board (CPCB) of India has recommended noise limits of 55 and 45 dB during day time and night time in residential areas; 75 and 70 dB in industrial areas; 65 and 55 dB in commercial; and 50 and 40 dB during the day and night time in silence zones. Considering the prescribed limits, the percentage of times the hourly equivalent sound level exceeds the threshold values in the pre- lockdown, lockdown, and unlock phase during day and night-time.
11. With the implementation of nationwide and state lockdown programs, there were travel restrictions causing reduction in traffic and number of honking incidents. Although essential and emergency services were operational during lockdown, there were restrictions in human mobility, social, economic, commercial and other industrial activities. Recognizing that transportation noise can adversely impact people's well- being, lifestyle, and local economy, many aspects of lockdown period can be considered further for devising new policies and guidelines towards noise pollution abatement. Although it is not feasible to impose lockdown or eliminate traffic from the cities, proper traffic management strategies 12 can control the negative effects of noise pollution significant reduction in noise levels can be achieved through stringent traffic reduction strategies. Several interventions such as no honking policy, substitution of motorized private transport by active transport mode such as walking and cycling for short trips, parking management, and restricting access for the noisiest vehicles can reduce noise pollution, improve road safety, provide recreational value to all the users, and improve health of the communities. While cycling and walking offer health benefits and reduce noise, emissions, and congestion, providing proper bicycle paths and walkways is equally important for the efficient mobility of cyclists and pedestrians.
12. Adoption of greener environment, the characteristics of the built environment such as view or access to green spaces in the neighborhood or having access to a quiet area can reduce annoyance and the negative response to road traffic noise. The construction of green belts around roads, vegetation, and incorporation of green spaces in the cities or even green roof installations can be considered as several measures to help attenuate noise exposure especially in the residential, silence, and industrial zones. Road infrastructure Consideration of noise-reducing pavements, traffic noise impedance walls, and quieter vehicles and installation of natural or artificial noise barriers, no-horn sign, and other traffic-calming measures can reduce noise level at high sound level zones. Implementation of such measures in residential, silence, and commercial zones can provide a livable, workable, and healthy environment for the people residing in nearby areas. Let us give coming generation a healthier and happier environment to have a beautiful life. Do not pollute water, air, land and environment because once it is lost, it is lost forever.
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13. Contention of the learned Counsel appearing for the applicant is that there are two generator sets and these are old. The old generators are required to be replaced according to parameters.
14. In reply thereof, learned Counsel appearing for the respondent has submitted that there are no such parameters to replace old generators according to year of manufacturing and point which has been raised in this application is noise pollution and that has been examined by the joint Committee and Member of Pollution Control Board and it was found that the results are meeting the prescribed standards as provided in the rules. Thus, there are no violation.
15. We refer order of the Tribunal dated 11.03.2015 in Appeal No. 12(THC) of 2013, Market Welfare Association Vs. District Magistrate & Ors. considering the guidelines of CPCB for in-use generator sets, the relevant part of the guidelines and directions of the Tribunal for its acceptance are reproduced below:
"2. Phasing out old Generator sets Phasing out of old generators as per following schedule may be enforced by concerned SPCB/PCC, area SDM and Police.
i. Any generator set having engines not engraved with manufacturer's name and date of manufacturing not to be allowed to operate on or after 01.06.2015;
ii. Any diesel generator set without certified acoustic enclosure as per GSR 371(E), dated 17th May 2002 not to be allowed to operate on or after 01.06.2015; and iii. Generator sets manufactured on or after 17th May 2002 be scrapped and dismantled after its useful life, i.e., 15 years from the date of manufacturing or 50,000 hours of operation, which ever earlier."
xxx .......................................xxx......................................xxx ".... we direct the CPCB to put these guidelines on their website as well as direct all the States to ensure the implementation of these guidelines expeditiously and without default." 14
16. We further refer the order of the Tribunal dated 01.11.2022 in OA No. 242/2021, Satish Govind vs. President and Secretary, Windsor Park Residents Welfare Association & Anr. relating to violation of air quality norms by diesel generator sets by the Windsor Park Society, Ghaziabad, UP, the relevant part of the order is reproduced below:
"xxx ...........................................xxx.................................xxx
6. The record shows that out of 8 DG sets, 4 are more than 15 years old and two will complete 15 years by June/July 2023. Thus, these DG sets have to be replaced with cleaner fuel/retrofitted and be compliant as per specifications.
7. Accordingly, we direct that the report of the joint Committee dated 5.3.2022, referred in the order dated 16.3.2022, has to be acted upon in terms of discarding DG sets having life of more than 15 years and replaced by equipments run on cleaner fuel and compliant with norms including proper stack height. This be ensured by the State PCB and the District Magistrate. Operation of DG sets in violation of environmental norms has to be stopped and for past violations, accountability fixed, following due process of law. Compliance of G.O. dated 26.9.2022 may be monitored as per mechanism in para 13 of the said G.O. i.e. District level, AQMC and by Chief Secretary from time to time."
17. Further, provision has been made in Section 4 of the Noise Pollution (Regulation and Control) Rules, 2000 fixing the responsibility of DPCC/State PCB and CPCB to enforce the Rules and to monitor the noise level in any area and in case of violation, necessary action be initiated against the violators.
18. Since, according to the report submitted by the joint Committee, noise parameter of DG Set is meeting the prescribed standards. Thus, no further action is required to be taken at this stage. However, we direct the DPCC to periodically monitor the parameters of noise and air pollution in the area and in case of violation, necessary action be initiated according to the Rules. Further, DPCC need to consider replacement of 15 years old DG Sets, relocation of DG Sets and using cleaner fuel to address the grievance in light of contents mentioned in Para 15.
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19. With the above observations, the Original Application stands disposed of.
Sheo Kumar Singh, CP Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM July 19, 2023 Original Application No. 628/2022 DV 16