National Green Tribunal
Nithin M vs State Of Karnataka on 17 November, 2020
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 01 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 118/2020
Nithin M Applicant
Versus
State of Karnataka Respondent
Date of hearing: 17.11.2020
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
ORDER
1. By way of this letter, the applicant has stated that unbearable noise is being produced through the loudspeakers in reciting Azan from Mathikere Mosque in Bangalore.
2. This Tribunal has already dealt with the subject inter-alia vide order dated 21.08.2020 in OA 681/2018, News item published in "The Times of India" Authored by Shri Vishwa Mohan titled "NCAP with multiple timelines to clean air in 102 cities to be released around August 15." The said order was passed in continuation of the earlier order dated 20.11.2019 inter-alia directing:
"29. ... ....
(i) to (viii). ... ....
(ix). Let the directions for control of noise pollution be complied with in terms of observations in Para 21 and report furnished to CPCB by 31.03.2020. CPCB may furnish a comprehensive report to this Tribunal. If the said direction is not complied with, the defaulting States/UTs will be liable to pay compensation @ Rs. 2 lakhs per month which may be collected by the CPCB and recovered from the salary of the concerned Heads of the Departments.1
Procurement of requisite equipments may preferably be through Government E-marketing (GeM) Portal of Govt. of India. CPCB may take steps to have standards/specifications and accredited/reputed vendors notified on the said portal. CEO, GeM, may also take necessary steps in the matter.
(x). Let the evaluation of monitoring stations be done positively by 31.12.2019 in terms of observations in Para 22 and a compliance report filed before the next date. As already directed, the evaluation should not only be sound in terms of scientific and technical capacity but also effectiveness of the outreach programme."
3. In pursuance of above, Central Pollution Control Board (CPCB) gave report dated 21.07.2020 suggesting compensation regime and also further action by way of procurement of equipment. After further consideration of the matter, vide order dated 21.08.2020, it was directed as follows:
"21 On this subject, CPCB has given a separate report dated 21.07.2020 covering compensation regime and also procurement of equipments, covered by a separate direction. As regards setting up of monitoring stations to map noise levels, it is stated that 23 States/UTs have given action plans while the remaining 12 are yet to submit. GeM has informed that specifications of sound level meters and reputed vendors list have been placed on the GeM portal. CPCB has also communicated its observations with regard to gaps in the action plans submitted by the States. The States/UTs may address the gaps communicated by the CPCB with respect to the action plans and the States/UTs which have not yet furnished their action plans may do so positively by 31.12.2020.
We may note that in the context of Delhi, the issue of noise pollution has been dealt with by this Tribunal separately vide order dated 11.08.2020 in Hardeep Singh & Ors. v. SDMC & Ors., OA 519/2016. The Tribunal approved the report of the CPCB dated 12.06.2020 laying down regime of compensation for violation of noise pollution norms as follows:
"Table 1: Enlistment of Violation of Noise Rules and their respective Scale of Compensation.
Sr. Violation of Noise Compensation (in Action to be
No. Rules Rupees) to be paid by taken by
defaulter designated
authority
2
1. USE OF LOUD ₹ 10,000 Seizure
SPEAKERS/PUBLIC
ADDRESS SYSTEM1
(Clause 5(1)-5(2), 6
(i,ii,iii and v)1-5
2. VIOLATION WRT GENERATOR SETS NORMS (standards attached as Annexure - IV to VI)
a) DG sets more than ₹ 1,00,000/- Sealing of DG sets 1000 KVA
b) DG sets 62.5 to ₹25,000/-
1000 KVA
c) DG sets upto 62.5 ₹ 10,000/-
KVA
3. VIOLATION OF USE ₹50,000/- Seizure/Sealing of OF SOUND equipment EMITTING CONSTRUCTION EQUIPMENT
4. Bursting of Firecrackers beyond the prescribed time limit prescribed (Hon'ble Supreme Court and Clause 5A (2) and 6
(iv)7-8 4(1) Violation by Residential Silence Individual/Househo /Commerci Zone ld al/Mixed Zone Silence Zone 1,000 3,000 4(2) Violation during 10,000 20,000 Fine to be paid by Possession Organizer a. Public Rallies b. Barat during marriage Religious event 4(3) First Violation within 20,000 Fine to be paid by a fixed Premises: Organizer and a. Function Owner of the organized by place.
RWA, b. Marriage Function c. Public Function d. Institution function e. Banquet Hall f. Open ground functions 4(4) Second Violation 40,000 within a fixed Premises:
a. Function organized by RWA, b. Marriage Function c. Public Function d. Institution function e. Banquet Hall 3 Open ground function 4(5) More than Two 1,00,000 and action Sealing of Violation within a under EP Act. Premises fixed Premises:
a. Function organized by RWA, b. Marriage Function c. Public Function d. Institution function e. Banquet Hall Open ground function Note:
1. Clause 5(1): A loud speaker or a public address system shall not he used except after obtaining written permission from the authority.
2. Clause 5(2): 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.
3. Clause 6 (1) Playing any music or uses any sound amplifiers in any place covered under the silence zone/urea are prohibited.
4. Clause 6(ii): Beating a drum or tom-tom or blows a horn either musical or pressure, or trumpet or beats or sounds any instrumenting any place covered under the silence zone/area are prohibited.
5. Clause 6(iii): Exhibits any mimetic, musical or other performances of a nature to attract crowds in any place covered under the silence zone/area are prohibited.
6. Clause 5(A) (3): Sound emitting construction equipment shall not he used or operated during-night time in residential areas and silence zones
7. Sound emitting fire crackers shall not he burst in silence zone or during' night time in each zone;
8. As per directions of Hon'ble Supreme court, following time limits are prescribed for bursting fire crackers:
Diwali: 8 pm to 10 pm Gurpurb: - 4am to 5 am and 9 pm to 10 pm New year and Christmas: 11.55 P.M to 12.30 A.
9. It may be noted that imposition of fine fur notification of Rule 5A(1) falls within the purview of Motor Vehicle Rules, 2019"
The Tribunal also directed strict monitoring at ground level for protection of public health and environment to be overseen at higher levels in the administration.4
21. With regard to evaluation of existing AQMS, CPCB sought information from the States and after analyzing the same, suggested as follows:
"aaadequate infrastructure in terms of instruments and staffs may be ensured by each Pollution Control Boards & Pollution Control Committees. Manpower requirement for further expansion of network also to be worked out. Mechanism should be developed by every State Pollution Control Boards / Pollution Control Committees for induction & service period trainings for staffs involved in sampling and analysis.
At least central laboratory in each state/UT should be accredited on priority, for those which are yet to be accredited. CPCB guidelines for sampling and analysis should be followed with proper quality control.
Data dissemination to public including website, mobile aap, and display board at various places for mass awareness may be strengthened."
Let further steps be taken in terms of above suggestions by all the State PCBs/PCCs and information furnished by the State PCBs/PCCs to the CPCB by 31.12.2020. Existing Air quality control mechanism needs to be revamped for which CPCB may give its further suggestions in the next report. We reiterate the need to regulate noise caused by loudspeakers, DJs, Public Address systems and otherwise, particularly in residential areas as per Noise Control Rules, 2000, the judgement of the Hon'ble Supreme Court in (2005) 5 SCC 7331 and relevant observations in the order of this Tribunal dated 11.08.2020 in Hardeep Singh & Ors. v. SDMC & Ors., OA 519/2016, passed in the context of Delhi. Report in this regard may be filed with the CPCB."
... ... ....
30. ... ....
i to vii . ... ....
viii. The States/UTs may address the gaps communicated by the
CPCB with respect to the action plans for control of noise pollution and the States/UTs which have not yet furnished their action plans may do so positively by 31.12.2020. Compensation regime for violations of noise pollution be applied by all the States/UTs;"
4. A copy of the above order was forwarded to the Chief Secretaries and State PCBs/PCCs of all the States/UTs.1
In Re: Noise Pollution - Implementation of the Laws for restricting use of loud speakers and high volume producing sound systems 5
5. In view of above, it is open to the applicant to take remedies in accordance with law by approaching the concerned authorities with all relevant details.
The application is disposed of.
A copy of this order be forwarded to the applicant by e-mail.
Adarsh Kumar Goel, CP S.K. Singh, JM Dr. S.S. Garbyal, EM Dr. Nagin Nanda, EM November 17, 2020 Original Application No. 118/2020 DV 6