National Green Tribunal
Mohan Krishna H S/O. Late Hanumaiah M vs The Union Of India, Through The ... on 17 February, 2021
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.14 BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No. 178 of 2017 (SZ)
IN THE MATTER OF:
H. Mohan Krishna,
5, Chikkasandra,
Sapthagiri Engineering College Road,
Hesarangatta Main Road, Bengaluru. ... Applicant(s)
Vs
1.The Union of India,
Thro. The Secretary,
Ministry of Law & Justice,
Dept. Of Legal affairs,
Shastri Bhavan, New Delhi - 1.
2.The State of Karnataka,
By its Chief Secretary, Bangalore - 560001.
3.The Commissioner for Transport,
Shanti Nagar, Bangalore - 560027.
4.Karnataka State Pollution Control Board,
Rep. by its Chairman, Bangalore -560001.
5. The Commissioner of Police,
Bangalore City Police, Bangalore -560001.
... Respondent(s)
Date of hearing: 17.2.2021
CORAM:
HON‟BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON‟BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Ms. Nivedita Mehta
M/s. Maithili & Associates
For Respondent(s): Mr. Darpan for R2 R3 & R5
Mr. Darpan rep.
Mr. Gokulkrishnan for R4
JUDGMENT
The grievance in this application is regarding the noise pollution caused on account of indiscriminate use of unregulated horns and modified silencers fitted to the vehicles.
2. It is alleged in the application that the user of unregulated horn and modified vehicular silencers has led to sharp rise in noise pollution 1 in and around the area where the applicant is residing.
3. Noise pollution is a well known cause of a number of health problems such as high blood pressure, anxiety and heart disease.
Prolonged exposure to the same will affect the hearing capacity of the people. It may result in hearing loss either temporary or permanent.
The Noise Induced Temporary Threshold Shifts (NITTS) is a temporary loss of hearing acuity experienced after a relatively short exposure to excessive noise. It is also alleged in the application that exposure to excessive noise relatively for a longer period will result in Galvanic skin response, Increased activity related to ulcer formation, changes in intestinal motility, changes in skeletal muscle tension, subjective response irritability perception of loudness, increasing sugar, cholesterol & adrenaline, changes in heart rate, increased blood pressure, increased adrenal hormones, vasoconstriction and resulting in disturbance of sleep and annoyance.
4.The applicant also relied on the decision reported in Forum, Prevention of Environment & Sound Pollution Vs. Union of India & Another of the Apex Court dated 18.07.2005 popularly known as In Re:
Noise Pollution Restriction Case, 2005 which reiterates as follows:-
"The human life has its charm and there is no reasons why the life should not be enjoyed along with all permissible pleasures. Anyone who wishes to live in peace, comfort and quiet within his house has a right to prevent the noise as pollutant reaching him. None can claim a right to create noise even in his own premises which would travel beyond his precincts and cause nuisance to neighbours or others. Any noise which have the effect of materially interfering with the ordinary comforts of life judged by the stand of a reasonable man in nuisance. How and when a nuisance created by noise becomes actionable has to be answered by reference to its degree and the surrounding circumstances, the place and the time.2
Those who make noise often take shelter behind Article 19 (1) A pleadings freedom of speech and right to expression. Undoubtedly, the freedom of speech and right to expression are fundamental rights but the rights are not absolute. Nobody can claim a fundamental right to create noise by amplifying the sound of his speech with the help of loudspeakers. While one has a right to speech, others have a right to listen or decline to listen. Nobody can be compelled to listen and nobody can claim that he has a right to make his voice trespass into the ears or mind of others. Nobody can indulge into aural aggression. If anyone increases his volume of speech and that too with the assistance of artificial devices so as to compulsorily expose unwilling persons to hear a noise raised to unpleasant or obnoxious levels then the person speaking is violating the right of others to a peaceful, comfortable and pollution-free life guaranteed by Article 21. Article 19 (1) A cannot be pressed into service for defeating the fundamental right guaranteed by Article 21. We need further dwell on this aspect. Two decisio9ns in this regard delivered by High Courts have been brought to our notice wherein the right to live in an atmosphere free from noise pollution has been upheld as the one guaranteed by Article 21 of the Constitution.
These decisions are Free Legal Aid Cell Shri Sugan Chand Aggarwal alias Bhagatji Vs. Govt. of NCT of Delhi and others, AIR (2001) Delhi 455 (D.B.) and P.A. Jacob Vs. Superintendent of Police, Kottayam, AIR (1993) Kerala. We have carefully gone through the reasoning adopted in the two decisions and the principle of law laid down therein, in particular, the exposition of Article 21 of the Constitution. We find ourselves in entire agreement therewith."
5.Further he also relied on the decision reported in Farhad K. Wadia Vs. Union of India of Apex Court reported in 2009 (2) SCC 442 where it is observed as follows:-
" Interference by the court in respect of noise pollution is premised on the basis that a citizen has certain rights being „necessity of silence‟ „necessity of sleep‟ „process during sleep‟ and rest‟ which are biological necessities and essential for the health. Silence is golden. It is one of the 3 human rights as noise is injurious to human health which is required to be preserved at any cost."
6.Further, the Principal Bench of National Green Tribunal, New Delhi in Varadhan Kaushik Vs. Union of India & others and Sanjay Kulshrestha Vs. Union of India & Others and Apex Court in Supreme Court Women Lawyers Association Vs. Union of India & Others have observed regarding the sound pollution caused on account of use of horns as follows:-
"The noise pollution arising from horns in the vehicle and their undue and unlawful use by car drivers even including two wheelers, and the use of pressure horns by the trucks and other heavy vehicles is a source of serious noise pollution in Delhi. It is adversely affecting the noise level in Delhi and even the sound of vehicles is the source of noise pollution particularly DTC Buses. All the concerned authorities need to pay attention to this aspect before the noise level go to an extent where it is not possible to retrieve and bring the noise level to the permissible decibel level. It is also pointed out at the bar that the noise barriers put up on the flyover are in a damaged condition and in a number of flyovers, no sound barrier or walls have been put up at all. In view of the above we direct that no vehicle of any kind plying in NCR, Delhi would be permitted to use pressure horns which are not fixed by manufacturer of vehicles. Furthermore, we direct that the DDA, NCT, Delhi, DPCC and MoEF to file a detailed affidavits placing on record their suggestions and the methodology that are required to be adopted for controlling this menace, including the directions that should be issued by the MoEF and Central Pollution Control Board (CPCB) for using of horns in Delhi. Ministry of Transport also be issued Notice. Notice returnable on next date of hearing. The two wheelers who are using pressure horn or have removed their silencers should not be permitted to ply on the road on NCR Delhi. The authority would also submit their report stating as to whether the silence zone 11 Item No.13 to 17 July 18, 2016 around school, hospital etc. have been identified in NCT, Delhi or not, if not, a complete and comprehensive proposal for declaring 4 and indentifying silence zone should be placed before the Tribunal on the next date of hearing."
7.Rules 119 and 120 of the Motor Vehicle Act, 1988 also deals with the noise pollution relating to vehicular noise to be regulated.
Further the provisions of Noise Pollution (Regulation and Control) Rules, 2000 also deal with the responsibility of authorities to regulate the noise pollution in their respective areas.
8.Inspite of all these regulations and directions, no action has been taken by the respondents to regulate the same and prevent health hazard being caused on account of excessive noise pollution due to unregulated use of horns and modified silencers in the motor vehicles.
That prompted the applicant to file the application seeking the following reliefs:-
"(a) Direct the respondents No.4 and 5 to prohibit the installation of pressure horns.
(b) Direct the respondents No.2, 3, 4 and 5 to effectively implement and monitor Noise Pollution levels in terms of Noise Pollution Rules, 2000 and the Motor Vehicles Act, 1988 in Bengaluru City, more specifically Hesaragatta main road.
(c) Direct the respondents No.2 and 4 to take steps to ensure that the average ambient decibel level is reduced in such a manner that each vehicle does not exceed more than 55 dB"
9.Though the matter was taken up on 22.08.2017 and notice has been issued, no effective orders have been passed. None of the respondents have filed any statement in the matter so far.
10.This question regarding control of noise pollution has also been considered by the Principal Bench of National Green Tribunal, New Delhi in Original Application Nos.519/2016, 496/2018, 196/2018 and 197/2018 Hardeep Singh & Ors. Vs. SDMC & Ors. and Akhand Bharat Morcha Vs. Union of India & Ors. which relates to use of DG systems and public announcement systems causing noise pollution in Delhi and its 5 surroundings affecting the health of the people by order dated 01.08.2019 and relying on the decision of the National Green Tribunal, New Delhi in Original Application No.681/2018 taken on the basis of news item published in Times of India authored by Shri Vishwa Mohan "NCAP with Multiple Timelines to Clear Air in 102 cities to be released around August 15" observed and issued the following directions:-
"(12) 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 Bengal have made polices for mandatory use of sound limiters in sound systems, for effective control of noise pollution. 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‟ 6 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 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 systems. 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 defaulters. 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 logistics. 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.
(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"
11. Further directions were issued in this regard by the Principal Bench, National Green Tribunal, New Delhi by order dated 15.11.2019 in 7 the same matter where certain steps have been taken by Delhi Pollution Control Committee and the Special Commissioner of Police, Traffic of Delhi which was reproduced as follows:-
(15) "We have reviewed the progress on the subject in light of the action taken report filed by Special Commissioner of Police (Traffic) of Delhi filed on 31.10.2019, report dated 11.11.2019 filed by the DPCC and the report dated 14.11.2019 filed by the CPCB.
(16) Compliance status may be noted as follows. With regard to direction Nos. (a) and (d), there is hardly any further progress even after three months in the report of Special Commissioner of Police (Traffic) Delhi. Requisite equipments have not been procured. Monitoring stations have not been set up in terms in observation of paragraph 9 of the earlier order. Only report is that tender process is going on. Locations have been identified.
Technical specification are in the process of being finalized. Further progress is that a workshop was organized on 16.04.2019 (which is prior even to the earlier order). Another workshop was scheduled for 13.11.2019. Template has been prepared.
(17) Likewise, progress by the DPCC can hardly be held to be adequate. We are sorry to record that DPCC has been wholly amiss in performance of its duties. There is no satisfactory data about the action for violations though violations are rampant and widespread which is failure on the part of all the concerned statutory authorities entrusted with the enforcement of law. Dr. M.P. George representing DPCC has made a statement that the requisite equipment will be procured within 60 days and monitoring stations will be set up within the said time. In view of the long and continued failures in the past, it becomes necessary to direct that if this is not done even by 31.01.2020, Member Secretary, DPCC and Dr. M.P. George will not be entitled to draw salary till the direction of this Tribunal is complied with.
(18) Special Commissioner of Police, has stated in para 4 of the status report that the requisite equipments will be required by March, 2020. Accordingly, the Special Commissioner of Police and Deputy Commissioner of Police (Provisioning and Logistics) will not be entitled to draw salary, if there is non compliance 8 even upto 01.04.2020, till compliance. (19) With regard to (b), it is stated that Notification of Delhi Government is ready and will be issued within one week from today. We hope that the statements will be faithfully complied with, failing which appropriate coercive action may have to be taken. Let the Chief Secretary, Govt. of Delhi coordinate this matter.
(20) Compliance of directions with regard to training for use of the devices, and robust protocol for action against defaulters may be ensured. As already directed vide order dated 27.09.2018, a dedicated telephone line with recording facility and a dedicated online grievance redressal portal for redressal of noise pollution related grievances be developed by Delhi Police and public awareness in this regard created. A minimum grievance redressal timeframe be fixed and monitored by a supervisory authority. Action taken report may be accordingly filed before the next date.
(21) We are informed that there are 2000 Eco-clubs in schools/ colleges. Awareness programme may be coordinated in such a way that at least one programme on the subject is held once a month in all such institutions. The present level of awareness activities by Department of Environment, Govt. of NCT Delhi, is inadequate in terms of quality and quantity. It needs to be properly planned and coordinated. Yearly action plan covering different thematic areas of environmental problems needs to be clearly identified, awareness activities planned and monitored. It would be appropriate if target groups are properly identified, logistic and personnel earmarked and action taken is monitored. This may be ensured jointly by the Department of Environment, DPCC and the Special Commissioner of Police in coordination with the Education Department of Delhi and a compliance report furnished by the DPCC before the next by e-mail at [email protected]. (22) Report of CPCB is that compensation for violation by using equipments should be 10%-25% of cost of such equipment. Compensation suggested as follows:-
Compensa-
Action to
tion (in
S. be taken by
Violation of Noise Rules Rupees) to
No. designated
be paid by
authority
defaulter
9
1. Use of loud speakers / public Rs.10,000 Seizure
address system {Clause 5 (1)-
5 (2), 6 (i, ii ,iii & iv)}
Violation WRT Generator Sets Norms (standards attached as
2.
annexure - IV to VI) Rs.1,00,000
a) DG sets more than 1000 KVA /- Sealing of
b) DG sets 62.5 to 1000 KVA Rs.25,000/- DG sets
c) DG sets upto 62.5 KVA Rs.10,000/-
Violation of use of sound Seizure /
3. emitting construction Rs.50,000/- Sealing of
equipment equipment
Bursting of Firecrackers
beyond the prescribed time
4. limit prescribed {Hon‟ble Rs.10,000/-
Supreme Court and Clause 5A
(2) and 6 (iv) }
(23) We are of the view that compensation for bursting of crackers at serial No. 4 needs to be suitably revised and needs to be different for different classes of defaulters and frequencies of default. Further, the CPCB has suggested that compensation should be 2-3 times for second and third violations accompanied by withdrawal of permission for installation/operation for their equipment.
(24) The CPCB may also lay down stringent compensation for tampering with the sound limiters to ensure that the same is not restored to. Let compliance reports be filed by CPCB, Department of Environment, DPCC and Special Commissioner of Police, Delhi by 31.03.2020 by email at [email protected]."
12.Though the orders passed by the Principal Bench of National Green Tribunal, New Delhi relates to the issue regarding noise pollution in Delhi and its surroundings, in fact certain observations were made in the same decision that the same yardsticks will have to be applied PAN India by all the states.
13.Thereafter, this Tribunal had extended the directions given by the Principal Bench of the National Green Tribunal by virtue of the orders referred to above to the Karnataka State as well and directed to submit a 10 detailed status report regarding the action taken for the implementation of the above directions in their State. For that purpose, this Tribunal had constituted a Joint Committee comprising of the Commissioner of Police, Bangalore City, Karnataka State Pollution Control Board, Senior Member of the Central Pollution Control Board, Bangalore to consider the question and prepare an action taken report in this regard, including short term and long term action plan to implement the directions issued by the Principal Bench of the National Green Tribunal in the above mentioned decision and also directed them to mention whether the steps taken by them to implement the Noise Pollution (Regulation and Control) Rules, 2000 in their State and the number of cases registered and the mechanism provided for monitoring the complaints received from the public and submit a consolidated action taken report to this Tribunal.
The Chief Secretary was directed to monitor the same and take steps for coordination of the Departments in this regard. The committee was given liberty to co opt any expert in the field for the purpose of evolving a mechanism to prevent noise pollution in the State of Karnataka.
Thereafter, the case was posted to 14.5.2020 for that purpose.
Thereafter, the matter has been adjourned from time to time and on 17.8.2020 this Tribunal had considered the interim report said to have been filed by the Joint Committee but signed only by Senior Environmental Engineer, Bangaluru City through e-mail dated 16.8.2020 which was extracted in para 4 of that order which reads as follows:
"INTERIM REPORT OF JOINT COMMITTEE, AS PER NGT ORDERS IN THE MATTER OF O.A.178 OF 2017 (SZ) (H.MOHAN KRISHNA V/S. UNION OF INDIA AND 4 OTHERS) REGARDING THE NOISE POLLUTION.
1.0 PREAMBLE:-
Sri Mohan Krishna H, a resident of Bengaluru, has lodged a complaint against indiscriminate use of unregulated Horns and Modified Silencer fitted to the vehicles, causing 11 Noise Pollution in and around the residential area of Bangalore. The same was considered at Hon‟ble NGT (with OA No.178/2017) and it was directed to submit the detailed report on the matter. The report was submitted to Hon‟ble NGT and now Hon‟ble NGT has issued an order and directed to appoint Joint Committee consisting of Commissioner of Transport, Commissioner of Police, Karnataka State Pollution Control Board, Senior Officer of CPCB and District Collector (DC).
Further, it is also mentioned that, the detailed report should contain about the steps taken by the Government to implement the Noise Pollution Rules, 2000; Cases registered in complaints from public, and submit a consolidated report within 03 months. The Chief Secretary, Government of Karnataka will monitor the committee for coordination of all departments and he is at liberty to co-opt any experts in that filed to evolve a mechanism to control Noise Pollution in State of Karnataka and drawing the proceedings which enables the committee to submit the report to Hon‟ble National Green Tribunal within the stipulated period (within April 10, 2020). The Karnataka State Pollution Control Board (KSPCB) is a nodal agency.
2.0 CONSTITUTIONS OF JOINT COMMITTEE & ITS MEETINGS As per the directions of the Hon‟ble NGT, a Joint Committee was constituted on 26.02.2020 by the KSPCB through office memorandum consisting following members.
Sl. No Members of the Joint Committee 1 Police Commissioner Department.
2 Central Pollution Control Board.
3 Regional Senior Environmental Officer, Bengaluru City, Karnataka State Pollution Control Board.
Due to Covid-19, lockdown has been declared all over the country from 23.03.2020 to 19.05.2020. Hence, Board is not able to submit the report in time to Hon‟ble NGT. As a Nodal Agency, SEO, Bengaluru city has forwarded a letter to Board Office on 11.05.2020 for extension of time to submit report to Hon‟ble NGT.
Further, in compliance of above mentioned NGT Order, this office has addressed a letter to Commissioner of Police Department to nominate concerned officer from their department and also requested him to convey the meeting, followed by drawing the proceedings. Further, letter was received from Commissioner of Police, stating that, Smt Isha Panth, IPS, Deputy Commissioner of Police, Command Centre, has nominated to handle the issue. As per the nominations received from the concern departments, the Joint Committee comprises following members:-
Sl. Name of Member Department 12 No 1 Smt.Isha Panth, Smt.Isha Panth, IPS, Deputy Police Commissioner of Police, Command Centre Department 2 Sri.G.Thirumurthy, Additional Director, Regional CPCB Directorate 3 Sri.S.Madhusudhan, Regional Senior KSPCB Environmental Officer, Bengaluru City, Meetings of the Joint Committee:
Hence, a meeting has been conveyed consisting above said members on 29.06.2020 at 11.30 AM in the meeting hall of Central Laboratory, Karnataka State Pollution Control Board. As requested by the representative of Commissioner of Police, Smt Isha Panth, IPS, Deputy Commissioner of Police, Command Central, due to COVID-19 virus commissioner office has been sealed down and requested meeting to be conducted through video conference at 4.00 PM. Accordingly, the said meeting was postponed to 4.00 PM and invited all the members to attend video conference (VC). But, due to technical issues, Smt Isha Panth, IPS could not attend the meeting through VC and hence meeting is further postponed.
Meeting was once again conveyed through Video conference on 06.07.2020 at 4.00 PM. Meeting was attended by Sri G.Thirumurthy, Additional Director, Central Pollution Control Board (CPCB) and Sri S Madhusudhan, Senior Environmental Officer, Bengaluru City, Karnataka State Pollution Control Board. Sri Madhusudhan, SEO, Bengaluru City welcomed the member and deliberate the purpose of the meeting. It is to be mentioned here that, KSPCB being nodal agency for the compilation of the report, the responsibility lies with them to submit the report to Hon‟ble NGT on time. Sri G.Thirumurthy, Additional Director (CPCB) informed that, in most of the NGT directions, the presence of the members and their opinion is very much essential for preparation of the report.
During the meeting he is of opinion that, a letter shall be addressed to the Commissioner, BDA, Metropolitan Commissioner and Commissioner of Transport and Road Safety to submit the measures taken by their esteem organization with respect to reduction of Noise levels as per the Noise Rules and also zoning of areas.
Further, KSPCB has addressed a letter to Commissioner, BDA, Metropolitan Commissioner and Commissioner of Transport and Road Safety to submit the measures taken by esteem organization with respect to reduction of Noise levels as per the Noise Rules and also zoning of areas on 07.07.2020. Meeting with Deputy Commissioner of Police, Bengaluru on 09.07.2020, in the meeting directed that, all District of Superintendent of Police Department to submit the details with respect of Noise Pollution. In this regard, KSPCB has addressed letters to all District of Superintendent of Police Department on 10.07.2020 to submit the details within 20.07.2020 including E 13 mails. Hence, a decision was taken to convey one more meeting on 13.07.2020 through Video Conference at 4.00 PM and requested all the Members to ensure their presence.
In view of the above, Video conference was conveyed on 13.07.2020 at 4.0 PM, Sri S.Madhusudhan, Senior Environmental Officer, representing Karnataka State Pollution Control Board and one of the committee member briefed in detail the salient features mentioned in Hon‟ble NGT order OA 178/2017.
Smt I Isha Panth, IPS, Deputy Commissioner of Police, Command Central, representing the Police Department, Govt of Karnataka informed that, they have already have a information regarding the measures taken in respect of Noise pollution in Bengaluru city. She requested the Karnataka State Pollution Control Board to obtain information from the other Districts the Superintendent of Police, Govt of Karnataka so that overall they can able to compile the information and also put forth the details whether it is short term or long term action plans. Sri G. Thirumurthy, Additional Director, Central Pollution Control Board informed that, department of Ecology and Environment has already submitted the action plan for the State of Karnataka. So, it was decided to obtain details from them.
Sri Shivaraj.B.Patil, Additional Commissioner for Transport (Environment & E Gov) informed that, he is incharge for the State of Karnataka in respect of E Governce and Environment and they have taken sufficient measures by booking cases and penalties which is violation as per Motor Vehicles Act and also as per Noise Rules, 2000. He further reports that, their department can able to submit the report in this regard. He also opinion that some reforms and amendments should be included in the relevant Acts, which involves the Horn/Silencers manufacturers, so that they have more judicial powers to penalize the defaulters who creates noise pollution by unscientific installation of horns.
Even though, KSPCB has addressed a letter to the Commissioner, Bengaluru Development Authority, and Metropolitan Commissioner (BMRDA). Both of them did not attend the meeting through Video Conference nor received the calls.
It is decided in the meeting that, the committee shall also include Additional Commissioner for Transport (Environment & E Governance) represented by Sri Shivaraj.B.Patil, as one of the Joint Committee member for the preparation and compilation of the report.
Meeting held on 05.08.2020 In view of the above, Video conference was conveyed on 05.08.2020 at 12.00 Noon, Sri S.Madhusudhan, Senior Environmental Officer, representing Karnataka State Pollution Control Board and one of the committee member 14 briefed in detail the salient features mentioned in Hon‟ble NGT order OA 178/2017.
Sri.G.Thirumurthy, Additional Director of CPCB, Smt Isha Panth, IPS representing Police Department and Sri.Shivanand, Deputy Director, Town Planning Department representing Bangalore Development Authority attended the meeting through Video Conference.
Sri S.Madhusudhan, Senior Environmental Officer, Karnataka State Pollution Control Board, informed to the members that the Noise Pollution (Regulation and Control) Rules, 2000 prescribed noise limit categorizing areas which fall in either of the four categories i.e. Industrial, Commercial, Residential and Silence zone. In view of this, the concern departments (BDA, BMRDA, TPA) is requested to submit the status of zoning of Areas in the state. Secondly, he informed that the information from the Department of Transport and Police department are yet to be received. In view of this requested to submit the information and proposed action plan by the concern department w.r.t. implementation of Noise Rule, in Hard Copy on or before 08.08.2020, since the entire information needs to compiled and report should be submitted to Hon‟ble NGT by 12.08.2020.
Sri.G.Thirumurthy, AD, CPCB informed that KSPCB has submitted the status of implementation of Action Plans proposed as per O.A. 681 of 2018 on 19.10.2019, which need to be updated in respect of the following points:
Noise level monitoring in conjunction with Police Department by KSPCB Police Department shall obtain Noise Monitoring devices No. of Training programme organized and participation of Police personals Development of protocol for taking appropriate action against defaulters Smt Isha Panth, IPS requested to pursue with Police Department at Respective District to obtain information on implementation of Noise Rule by Regional office of KSPCB. Sri S.Madhusudhan, Senior Environmental Officer requested to share the mail id of concern offices of Police Dept. for communication.
Transport Department nor officials from BMRDA did not attend the meeting.
3.0 Action taken by KSPCB A. NGT ORDER OA No.178/2017 action taken from KSPCB Format (J) for Noise Pollution in Respect of Bengaluru Metropolitan City.15
Sl Desirable Gap
Content Current Status Time Line
No Gap in % in %
1 No. of Stations for 10 100 0 Complied
Ambient Noise
Monitoring
2 No of Stations in 2 100 0 Complied
Industrial Zone
3 No of Stations in 3 100 0 Complied
Commercial Zone
4 No of Stations in 3 100 0 Complied
Residential Zone
5 No of Stations in 2 100 0 Complied
Silence Zone
6 Compliance of Status of online Ambient Noise
Ambient Standards Monitoring results of 10 stations
(No of Stations) for the year 2019-20 9from April
2019 to December-2019) is given
at Table 1
Industrial Zone 100 0 Complied
Commercial Zone 100 15 31.12.2022
Residential Zone 100 40 31.12.2022
Silence Zone 100 52 31.12.2022
7 Identification of Project is Under Progress (This 100 100 31.03.2021
Hot Spots Project for Bengaluru City is
entrusted to CSIR-NEERI by CPCB,
Delhi).
8 Designated Yes. The Technical Officers of the 100 0 Complied
Authorities defined KSPCB not below the rank of
as per Noise Rules Deputy Environmental Officer are
(Y/N) (Details to be delegated with powers for
provided) enforcement.(O.M
No.KSPCB/246/CC/
2016/2009/5801, Dt:-03.02.2020)
9 Has Methodology Local Bodies and Police are 100 0 Complied
been prepared for granting permission for installation
granting of public address system
permission for
installation of
Public Address
System (Y/N)
10 Has Methodology For redressal of complaint on 100 0 Complied
been prepared for Noise Pollution methodology
redessal of present (Flow chart enclosed as
compliant on Noise Annexure-II) The Web based
Pollution?(Y/N) software has been developed and
(Details to be dedicated short code help line
Provide) No.10741 is allotted by Ministry of
Communication and Information
Technology, Department of
telecommunications.
11 No. of Police 108 Police Stations (Law & Order) 100 100 30.06.2020
Stations equipped will be provided 108 Noise/Sound
with Sound level level meters by KSPCB as per
meter Govt. of Karnataka Order).
Procurement of Noise level meters
along with calibrators and printers
through E-tender is under
progress.
12 No.of Police The KSPCB has conducted training 100 0 Complied
Stations having programme for Police personnel on
Officers trained as 06.1.2019
per Noise Rules by
16
SPCBs/PCs.
13 Has protocol been Protocal is being developed and 100 100 30.09.2020
developed for will be submitted
taking appropriate
action against the
defaulters
14 No.of cities in Under Progress Bengaluru City in 100 100 31.03.2021
which Noise Karnataka State is the only one
Mapping has been metropolitan city which requires
done (if applicable) noise mapping. This project is enstructed to CSIR-NEERI, Nagpur by CPCB, Delhi.17
Table -I Noise levels measured at Ten Continuous Noise Monitoring Stations in Bengaluru city for the months of April 2019 to March-2020 Date Limits Day Time % Limits Night Time % No. of in Leq Lmin Lmax Increase in Leq Lmin Lmax Increase Days dB(A) dB(A) Leq* Leq*
1. Indira Gandhi Institute of Child Health ( NIMHANS), Sensitive Area Apr- 50 59.2 21.6 99.3 18.4% 40 56.3 34.3 87.9 40.7 % 30 2019 Day s May- 50 62.2 21.6 87.7 24.4% 40 61.1 35.3 90.3 52.8 % 31 2019 Day s June- 50 66.5 21.6 107.9 33 .0 % 40 72.2 35.3 105.4 80.5 % 30 2019 day s July- 50 64.5 21.6 101.9 29.0 % 40 73.0 34.8 102.6 82.5 % 31 2019 Day s Aug- 50 56.0 21.6 90.7 12.0 % 40 57.5 34.0 85.5 43.8 % 31 2019 Day s Sep- 50 60.5 21.6 96.3 21.0 % 40 61.7 34.1 105.0 54.3 % 30 2019 Day s Oct- 50 71.8 21.6 104.3 43.6 % 40 71.7 38.8 103.2 79.3 % 31 2019 Day s Nov- 50 68.5 21.6 90.0 37.0 % 40 74.3 40.0 90.0 85.8 % 30 2019 Day s Dec- 50 77.8 21.6 91.0 55.6 % 40 79.0 50.6 90.4 97.5 % 31 2019 Day s Jan- 50 71.6 40.1 90.9 43.2 % 40 76.9 40.1 90.9 92.2 % 31 2020 day s Feb- 50 71.9 38.0 100.5 43.8 % 40 75.7 37.1 95.0 89.3 % 29 2020 day s Mar- 50 66.2 36.8 101.3 32.4 % 40 72.1 36.5 102.7 80.2 % 31 2020 day s
2. RVCE Mysore Road, Sensitive Area Apr- 50 57.2 21.6 102.3 14.4% 40 51.3 44.1 76.4 28.3% 30 2019 Day s May- 50 56.6 21.6 78.6 13.2% 40 54.1 46.6 82.2 35.3% 31 2019 Day s June- 50 58.0 21.6 82.1 16.0 % 40 53.8 46.2 81.6 34.5 % 30 2019 Day s July- 50 59.0 21.6 74.5 18.0 % 40 52.6 47.3 64.0 31.5 % 31 2019 Day s Aug- 50 62.5 21.6 111.2 25.0 % 40 60.3 47.8 111.4 50.8 % 31 2019 Day s Sep- 50 57.0 21.6 111.3 14.0 % 40 57.2 46.5 111.2 43.0 % 30 2019 Day s Oct- 50 71.7 21.6 104.3 43.4 % 40 57.2 47.0 110.3 43.0 % 31 2019 Day s Nov- 50 58.5 21.6 90.0 17.0 % 40 53.0 48.0 82.2 32.5 % 30 2019 Day s Dec- 50 57.8 21.6 91.0 15.0 % 40 52.5 45.0 73.8 31.3 % 31 2019 Day s Jan- 50 56.8 40.0 80.1 13.6 % 40 51.5 45.2 87.2 28.7 % 31 2020 day s 18 Feb- 50 58.2 50.8 89.9 16.4 % 40 52.5 46.9 84.7 31.3 % 29 2020 day s Mar- 50 53.5 40.7 83.0 7.0 % 40 52.5 43.0 85.3 31.3 % 31 2020 day s
3. TERI Office, Domlur, Residential Area Apr- 55 60.8 21.6 104.2 10.5 % 45 52.1 40.6 76.3 15.8 % 30 2019 Day s May- 55 58.9 21.6 80.9 7.1 % 45 58.2 41.1 80.8 29.3 % 31 2019 Day s June- 55 64.0 21.6 81.8 16.4 % 45 59.1 40.5 84.2 31.3 % 30 2019 Day s July- 55 65.0 21.6 79.8 18.2 % 45 60.7 42.1 75.2 34.9 % 31 2019 Day s Aug- 55 65.0 21.6 82.3 18.2 % 45 63.0 42.0 72.6 40.0 % 31 2019 Day s Sep- 55 62.2 21.6 80.6 13.0 % 45 62.1 40.1 72.6 38.0 % 30 2019 Day s Oct- 55 58.0 21.6 78.6 5.5 % 45 56.5 38.9 71.5 25.5 % 31 2019 Day s Nov- 55 60.7 21.6 72.0 10.4 % 45 51.8 40.6 69.7 15.1 % 30 2019 Day s Dec- 55 63.4 21.6 77.2 15.3 % 45 57.2 40.0 72.4 27.1 % 31 2019 Day s Jan- 55 61.3 47.7 72.3 11.4 % 45 55.9 40.1 73.5 24.2 % 31 2020 day s Feb- 55 62.9 49.8 76.1 14.4 % 45 59.6 40.1 76.6 32.4 % 29 2020 day s Mar- 55 57.4 38.2 77.1 4.3 % 45 59.4 40.0 74.4 32.0 % 31 2020 day s 19
4. BTM Layout, Residential Area Apr- 55 58.3 21.6 76.4 6.0 % 45 56.4 50.1 82.3 25.3 % 30 2019 Days May- 55 63.1 21.6 77.5 14.7 % 45 63.4 58.5 84.1 40.9 % 31 2019 Days June- 55 64.8 21.6 82.1 17.8 % 45 64.4 60.1 76.0 43.1 % 30 2019 Days July- 55 64.0 21.6 73.8 16.4 % 45 63.8 59.3 75.5 41.7 % 31 2019 Days Aug- 55 65.5 21.6 88.9 19.0 % 45 65.1 59.9 76.5 44.7 % 31 2019 Days Sep- 55 66.5 21.6 84.3 20.9 % 45 66.8 60.0 83.4 48.4 % 30 201 Days 9 Oct- 55 66.5 21.6 78.6 20.9 % 45 66.5 60.3 74.1 47.8 % 31 201 Days 9 Nov- 55 67.2 21.6 90.0 22.1 % 45 67.2 60.3 90.0 50.0 % 30 2019 Days Dec- 55 68.1 21.6 85.4 23.8 % 45 68.0 63.0 80.0 51.1 % 31 201 Days 9 Jan- 55 67.6 61.9 80.2 22.9 % 45 67.4 60.8 76.2 49.8 % 31 202 days 0 Feb- 55 64.4 55.9 94.3 17.0 % 45 65.1 58.2 91.3 44.7 % 29 202 days 0 Mar- 55 64.2 44.8 86.8 16.7 % 45 63.7 46.2 90.0 41.5 % 31 2020 days
5. Regional Office Complex, KSPCB, Nisarga Bhavan, S.G.Halli, Residential Area Apr- 55 53.2 21.6 110.1 Within limit 45 52.6 36.4 101.7 16.9 % 30 2019 Days May- 55 53.9 21.6 76.9 Within limit 45 50.9 36.3 79.5 13.1 % 31 2019 Days June- 55 73.1 21.6 105.9 32.9 % 45 80.2 14.0 109.0 78.2 % 30 2019 Days July- 55 57.8 21.6 104.6 5.0 % 45 50.6 26.1 110.0 12.4 % 31 2019 Days Aug- 55 48.4 21.6 100.5 Within limit 45 43.6 27.0 101.5 Within 31 2019 limit Days Sep- 55 49.7 21.6 105.9 Within limit 45 45.0 30.7 103.7 Within 30 201 limit Days 9 Oct- 55 70.6 21.6 120.9 28.3 % 45 69.8 42.0 128.5 55.1 % 31 201 Days 9 Nov- 55 61.2 21.6 90.0 11.3 % 45 64.3 42.0 90.0 42.9 % 30 2019 Days Dec- 55 53.7 21.6 90.0 Within limit 45 48.5 40.0 90.0 7.8 % 31 201 Days 9 Jan- 55 72.8 53.4 90.1 32.4 % 45 72.8 53.3 90.0 61.8 % 31 202 days 0 Feb- 55 60.9 44.7 95.1 10.7 % 45 63.1 45.6 95.1 40.2 % 29 202 days 0 Mar- 55 53.5 41.1 91.1 Within limit 45 52.3 42.6 99.4 16.2 % 31 2020 days 20
6. Parisara Bhavan, Church Street, KSPCB, Commercial Area Apr- 65 65.9 21.6 77.0 1.4% 55 59.4 49.9 73.6 8.0 % 30 2019 Days May- 65 64.9 21.6 75.2 Within limit 55 63.4 51.4 78.3 15.3 % 31 2019 Days June- 65 67.0 21.6 80.8 3.0 % 55 62.1 51.0 76.5 12.9 % 30 2019 Days July- 65 67.2 21.6 85.8 3.4 % 55 62.2 51.1 75.3 13.1 % 31 2019 Days Aug- 65 66.3 21.6 78.0 2.0 % 55 61.8 51.1 78.3 12.3 % 31 2019 Days Sep- 65 65.0 21.6 82.1 Within limit 55 62.8 50.4 79.1 14.1 % 30 201 Days 9 Oct- 65 65.3 21.6 75.1 0.5 % 55 61.5 48.9 74.4 11.8 % 31 201 Days 9 Nov- 65 66.1 21.6 80.7 1.7 % 55 60.3 50.3 73.3 10.5 % 30 2019 Days Dec- 65 66.2 21.6 76.2 1.8 % 55 60.0 48.7 76.8 9.0 % 31 201 Days 9 Jan- 65 67.2 54.5 90.0 3.4 % 55 61.3 49.1 87.3 11.4 % 31 202 days 0 Feb- 65 66.7 54.5 82.2 2.6 % 55 60.4 49.5 75.6 9.8 % 29 202 days 0 Mar- 65 59.8 41.3 77.1 Within limit 55 61.4 48.5 72.0 11.6 % 31 2020 days
7.CAAQMS of CPCB at BWSSB site, Kadubisanahalli Marathahalli, Commercial Area Apr- 65 59.1 21.6 109.9 Within limit 55 56.4 49.9 73.6 2.5% 30 2019 Days May- 65 75.9 21.6 106.8 16.8% 55 74.8 51.4 78.3 36.0% 31 2019 Days June- 65 56.6 21.6 95.1 Within limit 55 59.0 38.2 92.0 7.3 % 30 2019 Days July- 65 78.5 21.6 78.5 20.7 % 55 62.0 55.4 80.3 12.7 % 31 2019 Days Aug- 65 63.0 21.6 99.0 Within limit 55 62.7 39.6 86.5 14.0 % 31 2019 Days Sep- 65 55.9 21.6 89.7 Within limit 55 55.0 22.9 91.4 Within 30 201 limit Days 9 Oct- 65 65.1 21.6 104.4 0.1 % 55 64.2 49.4 87.7 16.7 % 31 201 Days 9 Nov- 65 59.2 21.6 76.8 Within limit 55 60.0 48.9 75.0 9.1 % 30 2019 Days Dec- 65 74.5 21.6 89.7 14.6 % 55 74.4 59.3 87.1 35.2 % 31 201 Days 9 Jan- 65 70.9 53.3 90.5 9.0 % 55 70.5 46.8 93.9 28.2 % 31 202 days 0 Feb- 65 75.6 58.7 92.9 16.3 % 55 76.3 64.1 87.9 38.7 % 29 202 days 0 Mar- 65 75.3 43.1 100.4 15.8 % 55 74.3 53.2 98.1 35.0 % 31 2020 days 21
8.Yeshwanthpur, Police Station, Commercial Area Apr- 6 70.9 21.6 103.2 9.0% 55 62.5 52.8 73.1 13.6% 30 2019 5 Days May- 6 69.5 21.6 77.7 6.9% 55 67.1 56.1 79.3 22.0% 31 2019 5 Days June- 6 71.6 21.6 83.0 10.1 % 55 64.4 55.8 74.0 17.0 % 30 2019 5 Days July- 6 72.2 21.6 81.1 11.0 % 55 64.6 56.8 83.0 17.4 % 31 2019 5 Days Aug- 6 71.4 21.6 83.0 9.8 % 55 66.4 55.6 76.8 20.7 % 31 2019 5 Days Sep- 6 70.2 21.6 80.5 8.3 % 55 67.5 57.0 78.3 22.7 % 30 201 5 Days 9 Oct- 6 68.8 21.6 77.2 5.1 % 55 68.6 56.8 76.7 24.7 % 31 201 5 Days 9 Nov- 6 71.6 21.6 87.6 10.1 % 55 63.2 54.2 72.9 14.9 % 30 2019 5 Days Dec- 6 72.0 21.6 82.1 10.7 % 55 63.5 56.6 78.9 15.4 % 31 201 5 Days 9 Jan- 6 71.7 65.1 76.6 10.3 % 55 63.4 56.5 74.0 15.3 % 31 202 5 days 0 Feb- 6 71.7 65.8 78.7 10.3 % 55 63.6 56.5 80.1 15.5 % 29 202 5 days 0 Mar- 6 65.8 47.5 77.1 1.2 % 55 66.3 53.2 77.1 20.5 % 31 2020 5 days
9.Near ITPL, White field Industrial Area ( Graphite India) Industrial Area Apr- 7 64.6 21.6 104.5 Within limit 70 59.4 50.7 71.1 Within 30 2019 5 limit Days May- 7 64.8 21.6 82.8 Within limit 70 60.6 49.8 72.4 Within 31 2019 5 limit Days June- 7 66.0 21.6 78.5 Within limit 70 61.2 51.1 70.8 Within 30 2019 5 limit Days July- 7 66.7 21.6 76.3 Within limit 70 62.1 53.6 74.0 Within 31 2019 5 limit Days Aug- 7 66.6 21.6 108.3 Within limit 70 63.6 52.1 108.2 Within 31 2019 5 limit Days Sep- 7 65.0 21.6 75.1 Within limit 70 63.4 52.6 72.6 Within 30 201 5 limit Days 9 Oct- 7 63.6 21.6 74.0 Within limit 70 62.0 52.1 71.5 Within 31 201 5 limit Days 9 Nov- 7 65.0 21.6 71.0 Within limit 70 59.0 50.5 68.8 Within 30 2019 5 limit Days Dec- 7 65.0 21.6 71.2 Within limit 70 58.7 48.1 70.5 Within 31 201 5 limit Days 9 Jan- 7 64.5 56.6 82.0 Within limit 70 58.2 46.7 69.0 Within 31 202 5 limit days 0 Feb- 7 65.1 56.4 80.4 Within limit 70 59.9 48.9 71.6 Within 29 202 5 limit days 0 Mar- 7 62.2 43.7 78.3 Within limit 70 58.5 39.9 75.1 Within 31 2020 5 limit days
10.CAAQMS of CPCB at ACE Manufacturing System, Peenya Industrial Area Apr- 7 60.7 21.6 78.1 Within limit 70 56.2 52.0 66.9 Within 30 2019 5 limit Days May- 7 59.1 21.6 81.8 Within limit 70 58.3 31.1 71.1 Within 31 2019 5 limit Days June- 7 62.3 21.6 86.8 Within limit 70 56.3 50.2 67.7 Within 30 2019 5 limit Days July- 7 61.3 21.6 75.6 Within limit 70 56.2 51.4 70.8 Within 31 2019 5 limit Days Aug- 7 58.8 21.6 78.6 Within limit 70 64.5 50.4 86.4 Within 31 2019 5 limit Days 22 Sep- 7 61.2 21.6 77.8 Within limit 70 60.5 53.0 75.5 Within 30 201 5 limit Days 9 Oct- 7 61.2 21.6 79.8 Within limit 70 60.4 52.2 76.4 Within 31 201 5 limit Days 9 Nov- 7 62.4 21.6 76.7 Within limit 70 59.7 57.5 65.3 Within 30 2019 5 limit Days Dec- 7 62.0 21.6 74.5 Within limit 70 59.9 56.0 66.2 Within 31 201 5 limit Days 9 Jan- 7 61.0 42.9 82.4 Within limit 70 59.3 43.3 65.4 Within 31 202 5 limit days 0 Feb- 7 61.1 47.4 70.0 Within limit 70 59.4 43.9 65.9 Within 29 202 5 limit days 0 Mar- 7 60.9 45.4 77.1 Within limit 70 59.9 46.0 73.0 Within 31 2020 5 limit days Note:
1. Day time shall mean from 6.00 AM to 10.00 PM and Night time shall mean from 10.00PM to 6.00 AM.
2. Silence zone is an area comprising not less than 100 meters around Hospitals, Educational Institutions, Courts, Religious places or any other which is declared as such by the competent authority.
3. dB(A) Leq denotes the time weighted average of the level of sound decibels on scale „„A" which is relatable to human hearing. „„A" decibel is a unit in which noise is measured.
4. „„A" in dB(A) Leq, denotes the frequency weighting in the measurements of noise and corresponds to frequency response characteristics of the human ear.
5. "Leq‟‟ it is energy mean of the noise level over a specific period.
B. Board has taken initiation to purchase 125 No‟s of Noise Level Meters and supply order has been issued to M/s Saksham Scientific Instruments Pvt Ltd vide Board office Supply order No.KSPCB/CEO- 1/AQMC/Noise Meter/2020-21/1487 Dated 03-08-2020. C. Action plan on Noise Management in Karnataka Hon‟ble NGT Order O.A. No.681/2018 Dt:-15.03.2019 (Board Office vide letter No.KSPCB/CEO- 1/NGT/Noise- Monitoring/2019-20/4036, Dtd:-19.10.2019) Action Points State PCBs may Police Departments of all the The Police Department of all undertake Noise States/UTs may obtain the the state/Uts may also train Level Monitoring in Noise Monitoring devices within their staff regarding the use of conjunction with the a period of three months and such devices and develop a Police Department specification of such devices Robust Protocol for taking and take remedial may be finalized in appropriate action against the action consultation with the respective defaulters.
State PCB‟s/Pollution control Committees (PCCs).
a. 10 No‟s of a) KSPCB has provided a. The Board has
Real time specification of Noise conducted training on
Ambient level meter to Police 06.11.2019 to the
Noise Department. concerned Police
Monitoring personnel.
b) Government of
23
Stations are Karnataka vide order b. Protocal to be framed
being No.FEE 39 EPC 2019, by Police Department.
operated in Bengaluru dtd:-
Bengaluru 17.09.2019 has
City approved for the
procurement of 108 nos.
b. KSPCB is Noise level meters to
also Police Department and
monitoring 125 Noise level meters
Noise levels for the use of KSPCB.
in Co-
ordination c) Action will be initiated
with Police shortly for the E-
Department tendering process.
as & when
after
receiving
request
letter.
D. Mr Mohammed Iqbal Ahemd, a resident of Mysore, has approached the Hon‟ble High Court of Karnataka regarding noise pollution created by temple at Mysore vide WP No. 56973/2014. The court in its order states that, In the event, on such surprise visit, if it appears that the temple concerned is not following the limits prescribed in the Noise Pollution (Regulation and Control) Rules, 2000, the Board shall take immediate action against the temple with the held and assistance of the Police authorities, and the Police authorities are directed to render all assistance to the Board.
We direct the Board and the Police authorities to give wide publication about the said rules and the consequences of violation thereof.
With the aforesaid directions, the writ petition stands disposed of.
4.0 Action taken by CPCB.
The Central Pollution Control Board has established Real Time National Ambient Noise Monitoring Network and installed 10 No‟s of Noise Monitoring Stations in association with Karnataka State Pollution Control Board. Real time noise level data for the month of June, 2020 for 10 locations in Bengaluru are analyzed and shown below:
Status of Ambient Noise Level in Bengaluru for the Month of June, 2020 MARAR NISARGA PARISAR TERI YASHWA BTM NIMHANS PEENYA RVCE WHITE THALLI BHAVAN BHAVAN DOLMUR NTH-PUR (R) (S) (I) (S) FIELD( I ) (C) (R) (C) (R) (C) N* Date D* D N D N D N D N D N D N D N D N D N * 4 6 5 5 5 6 7 7 4 5 7 6 Standard 55 40 45 55 50 45 75 55 5 5 5 0 5 5 5 0 0 5 0 5 01-06-20 57 5 5 5 5 69 4 45 6 55 6 6 55 5 6 57 65 5 6 62
5 6 3 4 8 3 3 0 0 1 8 9 02-06-20 60 4 5 5 7 79 4 43 6 55 6 6 55 5 6 57 65 6 7 62 9 6 3 9 7 3 4 0 1 4 2 0 24 MARAR NISARGA PARISAR TERI YASHWA BTM NIMHANS PEENYA RVCE WHITE THALLI BHAVAN BHAVAN DOLMUR NTH-PUR (R) (S) (I) (S) FIELD( I ) (C) (R) (C) (R) (C) N* Date D* D N D N D N D N D N D N D N D N D N * 4 6 5 5 5 6 7 7 4 5 7 6 Standard 55 40 45 55 50 45 75 55 5 5 5 0 5 5 5 0 0 5 0 5 03-06-20 63 6 5 5 6 76 4 44 6 56 6 6 57 5 6 62 66 6 7 63 0 6 3 0 8 3 4 0 3 8 1 0 04-06-20 62 6 5 5 4 71 4 46 6 55 6 6 56 5 6 60 64 6 7 63 2 7 4 8 8 3 4 0 2 4 0 0 05-06-20 63 6 5 5 4 79 4 44 6 56 6 6 56 5 6 56 64 5 7 63 2 6 4 5 9 3 4 0 1 4 8 0 06-06-20 57 5 5 5 7 79 4 43 6 56 6 6 57 5 6 56 64 5 7 64 4 5 3 0 9 4 5 0 2 3 8 0 07-06-20 55 4 5 5 5 76 4 45 6 56 6 5 53 5 6 55 62 5 6 62 8 7 4 2 7 1 0 8 2 3 8 9 08-06-20 63 5 5 5 4 71 4 48 6 55 6 6 55 5 6 60 64 5 7 64 7 6 4 7 7 4 4 1 1 2 9 0 09-06-20 62 6 5 5 5 72 4 43 6 56 6 6 56 5 6 58 64 5 7 63 0 6 5 6 5 4 4 0 1 3 7 0 10-06-20 61 5 5 5 7 76 4 42 6 57 6 6 56 5 6 61 65 5 7 65 7 7 5 6 5 4 3 0 1 3 9 0 11-06-20 53 5 5 5 6 81 4 41 6 56 6 6 57 5 6 63 65 6 7 66 0 6 5 3 8 5 5 1 2 6 1 1 12-06-20 51 5 5 5 5 82 5 46 6 56 6 6 57 5 7 63 67 6 7 67 1 7 4 1 0 4 4 3 2 1 2 3 13-06-20 49 4 5 5 5 80 5 53 6 56 6 6 57 5 6 59 66 5 7 64 9 7 3 0 6 3 4 3 4 7 9 0 14-06-20 48 4 5 5 6 81 5 52 6 57 6 6 56 5 7 63 67 6 7 65 8 6 4 3 9 2 3 3 3 0 0 0 15-06-20 49 4 5 5 5 85 6 60 6 56 6 6 56 5 6 65 67 6 7 65 9 6 3 2 1 5 4 3 2 8 3 2 16-06-20 49 4 5 5 5 83 6 62 6 57 6 6 56 5 6 62 67 6 7 63 9 5 3 4 2 6 4 2 3 8 1 1 17-06-20 49 4 5 5 6 80 6 61 6 55 6 6 56 5 6 63 66 6 7 64 8 7 3 0 4 4 3 3 3 6 1 1 18-06-20 49 4 5 5 5 77 5 57 6 56 6 6 56 5 6 61 66 6 7 64 9 5 3 9 5 4 4 3 3 6 0 1 19-06-20 49 5 5 5 5 66 6 57 6 56 6 6 57 5 6 61 66 6 7 64 0 6 4 8 2 4 4 3 3 7 0 1 20-06-20 48 4 5 5 5 65 5 63 6 57 6 6 55 5 6 62 66 6 7 64 8 7 4 7 8 5 4 2 2 5 1 0 21-06-20 49 4 5 5 4 66 6 61 6 57 6 6 53 5 6 60 63 6 6 63 9 4 3 8 2 1 3 2 6 4 0 8 22-06-20 49 4 5 5 4 55 6 63 6 55 6 6 70 6 6 62 67 6 7 64 8 6 3 7 1 4 4 2 4 4 0 1 23-06-20 52 5 5 5 5 68 6 65 6 56 6 6 56 5 6 61 64 6 7 64 2 5 3 0 4 4 3 2 7 3 0 0 24-06-20 50 4 5 5 5 62 6 65 6 57 6 6 55 5 6 55 64 5 7 62 7 7 3 7 1 4 4 1 4 1 8 0 25-06-20 48 4 5 5 6 68 5 60 6 56 6 5 57 5 6 53 64 5 7 63 6 6 3 0 9 5 4 5 4 0 7 0 26-06-20 48 4 5 5 5 59 6 61 6 57 6 6 55 5 5 51 64 5 7 62 6 6 4 6 3 4 3 3 6 9 7 0 27-06-20 47 4 5 5 5 66 6 64 6 57 6 6 55 5 6 54 63 5 7 62 6 7 3 0 4 3 3 2 3 0 8 0 28-06-20 49 4 5 5 5 71 6 64 6 56 5 5 53 5 5 55 61 5 6 62 8 6 3 7 5 2 5 7 2 7 7 8 29-06-20 45 4 5 5 4 63 6 62 6 55 6 5 55 5 5 56 64 5 7 62 5 6 2 8 3 4 3 3 3 9 6 0 30-06-20 46 4 5 5 4 62 6 61 6 55 6 6 55 5 6 54 65 5 7 62 5 6 2 5 3 3 4 2 2 2 7 0 01-06-20 57 5 5 5 5 69 4 45 6 55 6 6 55 5 6 57 65 5 6 62 5 6 3 4 8 3 3 0 0 1 8 9 02-06-20 60 4 5 5 7 79 4 43 6 55 6 6 55 5 6 57 65 6 7 62 9 6 3 9 7 3 4 0 1 4 2 0 03-06-20 63 6 5 5 6 76 4 44 6 56 6 6 57 5 6 62 66 6 7 63 0 6 3 0 8 3 4 0 3 8 1 0 04-06-20 62 6 5 5 4 71 4 46 6 55 6 6 56 5 6 60 64 6 7 63 2 7 4 8 8 3 4 0 2 4 0 0 05-06-20 63 6 5 5 4 79 4 44 6 56 6 6 56 5 6 56 64 5 7 63 2 6 4 5 9 3 4 0 1 4 8 0 06-06-20 57 5 5 5 7 79 4 43 6 56 6 6 57 5 6 56 64 5 7 64 4 5 3 0 9 4 5 0 2 3 8 0
2. *D= Day time (6:00 AM to 10:00 PM) N**= Night Time (10:00 PM to 6:00 AM) The above Data reveal following observations:-
Out of 10 stations, 03 stations installed at RVCE, Teri Domlur and Yeshwanthpur are showing 100% exceedance of notified standards during day time and night time both 01 stations is showing 100% exceedance during Night time.
04 Stations (BTM, Marathalli, Nisarga Bhavan and Parisar Bhavan) are showing exceedances to notified standards either during day time or night time.25
Remaining 02 stations at Peenya and Whitefield stations depict no exceedance of notified standards during day time and night times both.
5.0 Action taken by Police Department.
Cases registered against establishment under Noise Pollution Rules & Others Acts-2018 to 2020 (Dt:-28.07.2020) Sl. Division No. Cases registered Under B CC Pending Con OD No of under IPC & other Invest Report Await Trail victi ca Acts igatio ed on se n IPC KP KE s Act Act 1 Central 35 - 32 3 3 - - 32 - -
2 North 10 - 4 6 - - - 1 9 -
3 East 40 8 24 8 16 - 3 20 1 -
4 SE 40 - 38 2 12 - 2 21 4 1 5 NE 4 - 4 - 1 - - 3 - -
6 WF 16 4 12 - 5 - 1 10 - -
Total 14 12 11 19 37 0 6 87 14 1 5 4 By Traffic Police Station Sl. No Division 2018 2019 2020 (30.06.2020) 1 Harsh Sound 25860 16332 4502 2 Horn uses in banned place 220 2156 7 3 Alteration of Silencer 9519 5338 687
6.0 Action taken by Bengaluru Development Authority.
The BDA letter No.451, Dtd:-10.08.2020 states that, in exercise of the powers conferred by sub-rules(2) of rule 3 of the Noise Pollution (Regulation and Control) Rules, 2000 the Government of Karnataka hereby adopts and categorized the areas already classified as Industrial, Residential and Commercial Areas under the Master Plan prepared under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act, No.11 of 1963), to be Industrial, Residential and Commercial Areas within the limits of the respective local Authority and Planning area for the purpose of Implementation of Noise Standards prescribed under the said rules.
Accordingly, Competent authorities shall complement the provisions of Noise Pollution (Regulation and Control) Rules, 2000 and the provision of the Environment Protection Act, 1986 (No.29 of 1986) and G.O.FEE 46 ENV 2000, Dtd:-13.08.2002 and subsequent orders issued by the Government from time to time if any"
As per the Notification of Govt of Karnataka, Bengaluru Development Authority has already initiated the revised action plan, 2031 by including Noise Pollution (Regulation and Control) Rules, 2000.26
7.0 Action taken by Transport Department By using the power vested in Section 194 (F) of Central Motor Vehicle Act, 1988 and also vide Rules 119 & 120 of Central Motor Vehicle Rules, 1989, the enforcement wing of the Transport Department, Karnataka has regulated the vehicular Noise Pollution created by the vehicles in the Public places and the enforcement details for the last 2 years are as follows:-
Year No. of vehicles No. of cases Fine Amount collected (in checked booked Rs.) 2018- 16,40,017 36,691 3,79,79,800 19 209-20 16,16,430 35,401 6,21,25,600 Further, Transport Department has given suggestion that strong Legislation/Amendments to the existing provisions is required to contain the offences of Noise Pollution by the motor vehicles particularly sale of modified silencer both in 2 wheeler and 4 wheeler vehicles category and the abettors should made punishable under MV Act and Rules.
The Provisions under Air (Prohibition and Control) Noise Rules, 2000 regulatory requirements for prohibiting multi toned horn/pneumatic hors and also the sale of unauthorized high sound producing horns by the automobile dealer as to be legislated.
The Provisions under Noise Pollution (Regulation and Control) Noise Rules, 2000 and schedule annexed under rule 8 will have to be published and made exhibited in the public places to strengthen the enforcement agencies.
The sensitization programmes on effects of Noise Pollution and procurement of instruments to measure the sound intensity (decibel meters) and also conducting of capacity building workshops for the enforcement agencies and also installing the noise pollution monitoring equipment/instruments at the valunerable zones in the residential areas.
7.0 Action taken by BMRDA The said Department has not attended the meeting nor submitted any information in this regard.
8.0 Need of Additional Time to the Committee The Joint Committee yet to obtain information from so many Districts and the same has to be reviewed and identify the gaps. Due to COVID-19 it has became difficult to obtain the information eventhough pursuing them regularly. In view of above, the Joint committee needs additional time of three months to submit its final report to the Hon‟ble NGT, Chennai.
Senior Environmental Officer, Benglauru City"
2714.Thereafter, this Tribunal has passed the following order:
"It is seen from the report that some study has been done and some details have been collected but no concrete action plan for preparation of final project plan has been submitted to this Tribunal and they wanted three more months time.
It is seen from the report that the standard provided for noise pollution as per Noise Pollution Rules, 2000 has not been complied with and they are exceeding the same in almost all places. There is nothing mentioned in the report as to what are all the steps taken by them to mitigate the situation so far and they have also not mentioned about the source of pollution as well.
It is also not known as to whether the direction issued by the Principal Bench of National Green Tribunal, New Delhi regarding the installation of noise control mechanism in the public announcement system used by the organizations for conducting their festivals including the religious institutions has been provided so as to control the noise within the standard provided in their state.
So under such circumstances, we direct the committee to go into these aspects as well in detail and submit a detailed further report as directed by this Tribunal by the order mentioned above on or before 27.11.2020 through e-filing.
The committee is directed to serve a copy of the report to the learned counsel appearing for the applicant as well as the other respondents.
15.The case as posted to 27.11.2020 for consideration of report.
Thereafter, it was adjourned from time to time and it was taken up lastly on 28.1.2021 and at the request of the counsel appearing for 28 the applicant to peruse the report, the matter has been adjourned and posted to today.
16. When the matter came up for hearing today through Video Conference. Ms. Nivedita Mehta represented M/s. Maithili and Associates, counsel for the applicant, Mr. Darpan represented respondents 2, 3 and 5 and also represented Mr. M.R. Gokul Krishnan, counsel for the fourth respondent.
17. The learned counsel appearing for the applicant submitted that this Tribunal may accept the report submitted by the Joint Committee and directions can be issued and the matter can be closed by issuing directions to the authorities to implement the recommendations in its letter and spirit to meet the situation.
18.The learned counsel appearing for the respondents, including the Pollution Control Board submitted that they will take all earnest steps to implement the Noise Pollution (Regulation and Control) Rules, 2000 in its letter and spirit and avoid complaints of noise pollution in their State and whenever any complaint received, they will promptly attend the same and action will be taken.
19.The grievance in this application is regarding noise pollution that has been caused in the State of Karnataka and the remedial measures to be taken for the purpose of removing the same and also implementing the Noise Pollution (Regulation and Control) Rules, 2000 in its letter and spirit.
20.It is well settled principle of law that noise pollution is also a menace, affecting health of the people indirectly but goes unnoticed and the Hon‟ble Apex Court in several decisions which have been referred to above, has taken note of this aspect and directed the authorities to take remedial measures to implement the Noise 29 Pollution (Regulation and Control) Rules, 2000 in its letter and spirit.
Noise pollution will cause serious health hazards in the people which may even lead to mental disorder of a particular type, affecting the life of the people itself.
21. Considering the importance of this issue and also considering the various directions issued by the Hon‟ble Apex Court and the Principal Bench of the National Green Tribunal in this regard, this Tribunal had constituted a Joint Committee to go into those aspects and submit a report to this Tribunal. Earlier, the interim report was considered by this Tribunal and directions were given since the report was not complete as required. Thereafter, the Joint Committee had submitted its report dated 25.11.2020, received on 19.12.2020 which reads as follows:
REPORT OF THE JOINT COMMITTEE IN THE MATTER OF O.A.178 OF 2017 (SZ) (H.MOHAN KRISHNA V/S. UNION OF INDIA AND 4 OTHERS) REGARDING THE NOISE POLLUTION SUBMITTED BEFORE THE HON'BLE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE, CHENNAI 1.0 Preamble In the Original Application No. 178 of 2017 (SZ), filed by Sri Mohan Krishna H, a resident of Bengaluru Vs The Union of India &Ors, the Hon‟ble National Green Tribunal (NGT), Chennai issued an Orders on 20.01.2020 with a direction that
13..." it appropriate to extend the directions given by the Principal Bench of National Green Tribunal, New Delhi by virtue of the above orders to State of Karnataka as well so that they can submit a detailed status report including the action plan for implementing the above directions in their State. Accordingly, we constitute a Joint Committee comprising of Commissioner of Police, Bangalore City, Karnataka State Pollution Control Board (KSPCB) and Senior Member of the Central Pollution Control Board (CPCB) at Bangalore to consider the question and prepare an action taken report in this regard including the short term and long term action plan to implement the directions issued by the Principal Bench of National Green Tribunal in the above mentioned decision and also they must mention in the report as to the steps taken by them to implement the Noise Pollution (Regulation and Control) Rules, 2000 in their State and number of cases registered and the 30 mechanism provided for monitoring the complaints received from the public and submit a consolidated and action taken report to this Tribunal within a period of three months.
15. .... Karnataka State Pollution Control Board (KSPCB) will be the nodal agency for coordination and also for providing necessary logistic for this purpose".
As per the directions of the Hon‟ble NGT, a Joint Committee was constituted on 26.02.2020 by KSPCB and Dr.M.L.Munjal, Professor (Emeritus)1 as expert in the field for this purpose to conduct awareness and training to the stakeholders and to evolve mechanism (short term and long term action plans) to prevent Noise Pollution in the State of Karnataka, also a representative of Additional Commissioner for Transport Department.
The Interim Report of the Joint Committee was filed before the Hon‟ble NGT on 16.08.2020 informing the Constitution of Joint Committee, Action taken by Central Pollution Control Board (CPCB), Karnataka State Pollution Control Board (KSPCB), Bengaluru Development Authority (BDA), Transport Department of Karnataka and Bangalore Metropolitan Region Development Authority (BMRDA) with a request to extend the additional time of three months. Accordingly, the Hon‟ble NGT directed the Committee to go into these aspects as well in detail and submit a detailed further report as directed by Tribunal on or before 27.11.2020.
2.0 Meetings Of The Joint Committee The Joint Committee comprises following members;
Sl. No Name of Member Department
1 Smt.IshaPanth IPS, Police Department
Deputy Commissioner of Police
2 Sri.G.Thirumurthy, CPCB
Additional Director, Regional Directorate 3 Sri.S.Madhusudhan, KSPCB Regional Senior Environmental Officer 4 Dr.M.L.Munjal, IISc Professor (Emeritus)
5. Sri. Shivaraj B Patil, Transport Dept. Additional Commissioner Upon the formation of the Committee, the Joint Committee had eight meetings andorganized two training programme for the stakeholders to review the implementation of 1 INSA Honorary Scientist, Facility for Research in Technical Acoustic (FRITA), Department of Mechanical Engineering, Indian Institute of Science, Bengaluru, 31 Noise Pollution (Regulation and Control) Rules, 2000, Noise standards etc. The details of the meeting and training programme organized are detailed below:
Meeting Date Meeting / Training Proceedings 1st 06.07.2020 2nd Meeting Appendix A 2nd 13.07.2020 4th Meeting Appendix B rd th 3 05.08.2020 5 Meeting Appendix C 4th 01.09.2020 6th Meeting Appendix D 5th 11.09.2020 7th Meeting Appendix E 6th 29.09.2020 8th Meeting Appendix F 7th 12.10.2020 9th Meeting & Training Appendix G 9th 19.10.2020 10th Meeting & Training Appendix H As per the decision of the Joint Committee, the Nodal Agency, KSPCB has addressed letters to the concern department to participate in the training programme organized and submit the role of the implementation of Noise Rules by their departments and also to submit short term and long term action plans along with action taken report by the concern departments. Accordingly, the concerned departments have submitted their action plans to the Joint Committee. The submitted action plans were reviewed by the Joint Committee and accordingly this report is prepared for the submission before the Hon‟ble NGT, Chennai.
3.0 Existing Legal Provisions The existing legal provisions under various Acts w.r.t Noise Pollution are detailed below:
A. Motor Vehicle Act, 1988
(i) Section 52 of Motor Vehicle Act 1988:
(ii) No owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration (which includes details on vehicular noise norms) are at variance with those originally specified by the manufacturer.
(iii)Section 190(2) of Motor Vehicle Act 1988:
Any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air- pollution, shall be punishable for the first offence with a fine of one thousand rupees and for any second or subsequent offence with a fine of two thousand rupees.
Further vide Section 190(2) The Motor Vehicles (Amendment) Act, 2019 32
(a) For the words "a fine of one thousand rupees", the words "imprisonment for a term which may extend to three months, or with fine which may extend to ten thousand rupees or with both and he shall be disqualified for holding licence for a period of three months" shall be substituted; and
(b) For the words "a fine of two thousand rupees", the words "imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both" shall be substituted;
(iv) Rule 119(1) and (3) of the Motor Vehicles Rules, 1989 The Sirens and Multi tone horns shall be continued to be banned except for Police Van, Ambulance and Fire Brigades
(v) After Section 194 of the Motor Vehicles Act, 1988 Section 194F is inserted in The Motor Vehicles (Amendment) Act, 2019, according to which Whoever
a) While driving a motor vehicle i. sounds the horn needlessly or continuously or more than necessary to ensure safety, or ii. sounds the horn in an area with a traffic sign prohibiting the use of a horn, or
b) drives a motor vehicle which makes use of a cut-out by which exhaust gases are released other than through the silencer, shall be punishable with a fine of one thousand rupees and for a second or subsequent offence with a fine of two thousand rupees.
B. Environmental (Protection ) Rules
(i) Noise limits for vehicles at manufacturing stage:
The Noise Limits for vehicles were notified by Environment (Protection) Amendment Rules, 2000, vide G.S.R. 742 (E), dated 25th September, 2000 and inserted as Serial no. 93 of Schedule I of the Environment (Protection) Rules, 1986. Subsequently these Rules were amended by the Environment (Protection) Amendment Rules, 2002, vide G.S.R. 849 (E), dated 30th December, 2002 and the Environment (Protection) Amendment Rules, 2005, vide G.S.R. 272 (E), dated 5th May, 2005, under the 33 Environment (Protection) Act, 1986). The test method for monitoring noise for vehicle to be followed as per IS: 3028-1998. Noise Limits are specified in the Rules.
(ii) Rule 5A (1) of the Noise Pollution (Regulation and Control) Rules, 2000 Use of Sirens and Multi-toned horns on vehicles should be continued to be prohibited in the silence zone and during night time in the residential zone as prescribed under the Noise Pollution (Regulation and Control) Rules, 2000 except during a public emergency.
(iii)Status of Vehicular Noise Standards w.r.t Horns & Sirens Vehicular Noise Standards Vehicular Norms Implemented Standard noise Noise limits/standard notified by & Complied code sources by Horn as a Specification MoRTH IS 1884- o 85 dB for Type 1 horns component for horns etc. (Traffic 1992 o 90 dB for Type 2A horns (manufacturing Police) o 100 dB for Type 2B horns & installation) o 105 dB for Type 3 horns Horn by MoRTH IS 15796- Maximum sound pressure level Installation 2008 when determined in accordance (AIS 014) with method of test shall meet the following:
a) between 83 dB(A) for horns fitted on 2 wheelers or 3 wheelers of a power less than or equal to 7 kW and
b) between 93 dB(A) to 112 dB(A) for the horn fitted on all other motor vehicles including tractor, 2 wheelers and 3 wheelers of a power greater than 7 kw Sirens AIS 125 Noise limits for sirens fitted (National on Ambulance are in the Ambulance range of 110 dB (A) to 120 Code) dB (A).
4.0 Action Plans submitted by Stakeholders In response to the proceedings, the following Government agencies / Authorities have submitted the action plan:
1) The Commissioner, Bangalore Development Authority, Bangalore
2) The Commissioner, Transport and Road safety, Transport Department, Bangalore
3) The Joint Director, Town and Country Planning
4) The Member Secretary, Bangalore International Airport Area Planning Authority(BIAAPA), Devanahalli 34
5) The Metropolitan Commissioner, Bangalore Metropolitan Region Development Authority (BMRDA), Bangalore
6) The Director, Directorate of Municipal Administration, Bangalore
7) The Commissioner, Police Department, Bengaluru
8) The Karnataka State Pollution Control Board, Bengaluru The details of action plans of short and long terms suggested by the concerned departments are discussed below:
4.1 Bangalore Development Authority (BDA) Salient points of action plan:In the short term, the Bengaluru Development Authority (BDA) has suggested that Directorate of Municipal Administration (DMA) to come up with sufficient buffer zone across different buildings in urban areas. And in the long term, BDA proposes for the need to plant trees with defined buffer for layouts, buildings, railways and all construction activities. It also provides plans to earmark sufficient buffer space (either filled with greenery or by the way of road width between noises generating sources and human activity areas.
A. Short Term Action Plans:
The local planning area consists of urban area as well as rural area. As per the Karnataka Town and Country Planning (KTCP) Act, 1961, the Master plan has to be prepared at least once in every ten years. The noise pollution is high in urban area than in rural area and along the National Highway, State Highway and Major District Roads, Aerodrome, Industries, Railway Station, Bus Terminal, Defense/Aerospace Research Centres. Since, the Urban Local Bodies under DMA are regulating the buffer zone required for the buildings in urban areas it is appropriate that the action plan for the urban areas are to be prepared by DMA.
B. Long Term Action Plans:
At the time of preparation of Master plan, for the local planning area including the urban area, the following measures are to be proposed to control noise pollution:
1. Master plan preparation/ Revision stage:
a) Noise mapping study in different zones in the local planning area.
b) Identification of No horn zones and silent zones
2. Provisions to be included in the Zoning Regulations for new development:
a) Buffer for a width of 6m, is to be reserved between the boundary of road and the building line adjoining national highway or state highway to plant trees, which acts as noise barrier.
b) At the time of approval for development, planting of trees in the buffer area to be made mandatory to create intermediate noise barrier to the nearby locality 35
c) For the plots adjoining the railway track, minimum 9m width of the plot from the boundary of the railway property shall be mandated to acts as a buffer (green strip).
d) At the time of approval of construction of building in the plot where, the depth of plot is 18m or more, are to be mandated to plant shade bearing trees in the front setback.
e) While planning for industrial parks/layout, the development agencies like KIADB, KSIIDC etc. shall adopt in their design to have tree plantation strip of 3m on either side of the (boundary) right of way of road.
f) Industrial plot with an area of 4000 sqm and above shall be mandated to reserve 6m all-round for the tree plantation, which may be the part of the required setback for the building.
g) Residential development/group housing/apartment complex with an area of 4000 sqm. And above shall be mandated to reserve 3m, all-round the plot for the tree plantation, which may be the part of the required setback for the building.
h) For construction of basement minimum 3m, basement line from the site boundary to be made mandatory to allow for plantation of trees in the outer periphery of the site to act as noise barrier in the residential locality.
i) During approval of layouts, to avoid the smaller plots facing the major traffic corridors, the provision to provide road width equal to the plot width is to be mandated.
j) Commercial, industrial zones which encourage large traffic volume shall be provided with sufficient buffer and smooth circulation of traffic.
k) Measures for planting of trees by the concerned authorities in the outer boundary of public and semi-public premise, play grounds and other public places is to be mandated.
4.2 Transport and Road safety, Transport Department Salient points of action plan:In the short term, emphasizes training to the staff / officers, enforcement by the officers and procurement of Noise Level Meters for these purposes. And in the long term,emphasizes the need to add and modify the Noise Rules, EP Rules and CMV Rules regarding use of illegal horns and levying of fines. The timeline fixed by the Transport department is March-2021.
A. Short Term Plans:
To implement Noise Pollution Regulation and Control Rules, 2000 effectively it is necessary to conduct capacity building training to the enforcement officers of the transport department in the state. Enforcing the rules to target based sectors by the Motor vehicle inspectors, where noise rules are violated frequently, and special drives can be conducted in the state to curb the use of multi tone horns and tampered silencers.36
Transport department requested KSPCB to supply 67 noise level measuring instruments to strengthen the enforcement officers in checking on noise pollution.
B. Long Term Action Plans:
The existing punitive provision in the Central Motor Vehicle Amendment Act Section 194(F) new clause(c) can be added as who-ever sells or deals with the fitment of modified silencer / tampered silencer to the motor vehicles shall be punishable with a fine of Rs.50000 or imprisonment which may extend to 3 Months. The amendment to the Noise Rules, 2000 for the Rule 5(A), in the headlines, the words "silencers" shall be inserted after the words horns.
Again in the Rule 5(A) after the sub-rule 3, the new sub-rue 4 can be added and (4) will be read as "modified or tampered silencer shall not be fitted to the motor vehicles" in violation of noise standards specified in Part-E of Schedule-VI of the EP rules, 1986. Polluters pay principle can be made use of to levy cess for the habitual offenders of Noise Rules, 2000 and suitable amendments can be made to Karnataka Motor Vehicles Taxation Act, 1957.
4.3 International Airport Area Planning Authority (BIAAPA) Salient points of Action plan: In the short term, the BIAAPA has suggested DMA to come up with suitable zoning regulation as they are regulating buildings in urban areas.
And In the long term, BIAAPA suggest for the need to plant trees with defined buffer for layouts, buildings, railways and all construction activities. It also provides plans to earmark sufficient buffer space (either filled with greenery or by the way of road width) between noise generating sources and human activity areas.
A. Short Term Plans:
The local planning area consists of urban area as well as rural area. As per the Karnataka Town and Country Planning (KTCP) Act, 1961, the Master plan has to be prepared at least once in every ten years. The noise pollution is high in urban area than in rural area and along the National Highway, State Highway and Major District Roads, Aerodrome, Industries, Railway Station, Bus Terminal, Defense /Aerospace Research Centres. Since, the Urban Local Bodies under DMA are regulating the buffer zone required for the buildings in urban areas it is appropriate that the action plan for the urban areas are to be prepared by DMA.
B. Long Term Plans:37
The final Master Plan -2021 of BIAA-LPA has been approved by the state government vide order no.UDD157BMR 2005, dated 27.01.2009 and 29.01.2009. In the approved Master Plan-2021, environmental aspects mainly include provision of sufficient areas under green coverage and preparing land use that do not collude with the requirements of airport-areas that attract birds, smoke emanating activities etc., As such, in the vicinity of the airport, a Special Agriculture Zoneof 1800.52 hectares has been proposed around the airport and natural valleys are demarcated as park and open spaces such that they can be preserved as green areas with regard to environment, noise and avoidance of bird hazards.
Zonal Regulation of Special Agricultural Zone:
Certain areas around Bangalore International Airport are categorized as Special Agricultural Zone, where no developments other than purely agricultural activities are permitted from the aircraft safety point of view. Only residential buildings up to G+1 floor from the gramthana may be permitted for natural expansion of villages on the lines of „regulation for rural development‟ mentioned in zonal regulation and staff quarters of government agencies involved in operation and maintenance of the airport may be permitted in consultation with the airport authority of India. Activities / developments proposed by government in relation to aircraft industry, with prior permission of the Airport Authority of India may be permitted.
At present, BIAAPA has taken up revision of master plan i.e., preparation of Revised Master Plan 2031 of local planning area. At the time of preparation of master plan for the local planning area including the urban area, the following measures are to be proposed to Control Noise Pollution in Residential Areas:
a) Noise mapping study in different zones in the local planning area.
b) Identification of No horn zones and silent zones Following Provisions are to be included in the Zoning Regulations for new development:
Buffer width of 6m is to be reserved between the boundary of road and the building line in the properties adjoining National Highway or State Highway to plant trees to act as noise barrier.
At the time of approval for development, planting of trees in the buffer area to be made mandatory to create intermediate noise barrier to the nearby locality.
For the developments adjoining the railway track, minimum 9m width from the boundary of the railway property shall be mandated to reserve as a buffer (green strip).38
At the time of approval of construction of building in the plot where, the depth of plot is 18m or more, are to be mandated to plant shade bearing trees in the front setback.
While planning for industrial parks / layout, the development agencies like KIADB, KSIIDC etc. shall adopt in their township design that, there should be tree plantation of 3m on either side of the (boundary) right of way of road.
Industrial plot with an area of 4000 m2 and above shall be mandated to reserve 6 m all-round for the tree plantation, which may be the part of the required setback for the building.
Residential development / group housing / apartment complex with an area of 4000 m2 and above shall be mandated to reserve 3m, all-round the plot for the tree plantation, which may be the part of the required setback for the building.
For construction of basement minimum 3m basement line from the site boundary to be made mandatory for plantation of trees in the outer periphery of the site to act as noise barrier in the residential locality.
During approval of layouts, to avoid the smaller plots facing the major traffic corridors, the provision to provide road width equal to the plot width is to be mandatory.
Measures for planting of trees by the concerned authorities in the outer boundary of public and semipublic premises, playgrounds and other public places is to be made mandatory.
4.4 Bangalore Metropolitan Region Development Authority (BMRDA) Salient points of Action plan:In the short term action plan, the BMRDA has suggested DMA to come up with sufficient buffer zones for regulating buildings in urban areas. And in the long term, BMRDA suggest for the need to plant trees with well-defined buffer for layouts, buildings, railways and all construction activities. It also provides scope to earmark sufficient buffer space (either filled with greenery or by the way of road width) between noise generating sources and human activity areas.
A. Short Term Action Plan:
The local planning area consists of urban area as well as rural area. As per the KTCP Act, 1961, the Master plan has to be prepared at least once in every ten years. The noise pollution is high in urban area than in rural area and along the national highway, state 39 highway and major district roads, aerodrome, industries, railway station, bus terminal, defence/aerospace research centres. Since, the urban local bodies under DMA are regulating the buffer zone required for the buildings in urban areas. It is appropriate that the action plans for the urban areas are to be prepared by DMA.
B. Long Term Action Plan:
At the time of preparation of Master plan, for the local planning area including the urban area, the following measures are to be proposed to control noise pollution.
1. Master plan preparation/ Revision stage:
a. Noise mapping study in different zones in the local planning area. b. Identification of No horn zones and silent zones
2. Provisions to be included in the Zoning Regulations for new development:
a. Buffer for a width of 6m, is to be reserved between the boundary of road and the building line adjoining national highway or state highway to plant trees, which acts as noise barrier.
b. At the time of approval for development, planting of trees in the buffer area to be made mandatory to create intermediate noise barrier to the nearby locality c. For the plots adjoining the railway track, minimum 9m width of the plot from the boundary of the railway property shall be mandated to acts as a buffer (green strip).
d. At the time of approval of construction of building in the plot where, the depth of plot is 18m or more, are to be mandated to plant shade bearing trees in the front setback.
e. While planning for industrial parks/layout, the development agencies like KIADB, KSIIDC etc. shall adopt in their design to have tree plantation strip of 3m on either side of the (boundary) right of way of road.
f. Industrial plot with an area of 4000 sqm and above shall be mandated to reserve 6m all-round for the tree plantation, which may be the part of the required setback for the building.
g. Residential development/group housing/apartment complex with an area of 4000 sqm. And above shall be mandated to reserve 3m, all-round the plot for the tree plantation, which may be the part of the required setback for the building.
h. For construction of basement minimum 3m, basement line from the site boundary to be made mandatory to allow for plantation of trees in the outer periphery of the site to act as noise barrier in the residential locality.
i. During approval of layouts, to avoid the smaller plots facing the major traffic corridors, the provision to provide road width equal to the plot width is to be mandated.40
j. Measures for planting of trees by the concerned authorities in the outer boundary of public and semi-public premise, play grounds and other public places is to be mandated.
4.5 Directorate of Municipal Administration (DMA) Salient points of Action plan:In the short term action plan, the DMA has suggested declaring silent zone and identification of Noise Sources and Mapping. And in the long term, BDA suggested to mapping of Residential, Industrial, Commercial and Silent Zone in all ULBs.
A. Short Term goals:
The DMA has issued directions vide their letter dated.17.11.2020to all Urban Local Bodies (ULB‟s) to implement the following:
Notification on declaring silent zone in an area not less than 100m around Hospitals, Educational Institutions and Courts to implement within time limit of 3 months.
The ULB‟s to incorporate condition while issuing building license for construction activity to maintain noise level within limit and same shall be implemented within 6 months.
The ULB‟s to incorporate a condition while issuing permission to use loud speakers in public functions with an implementation time limit of 3 months.
Identification of source of noise and mapping of residential and commercial areas within the ULB limits with an implementation time limit of 1 year.
Installing „Silent Zone‟ boards in the ULB limits with an implementation time of 1 year.
B. Long Term goals:
Mapping of Residential, Industrial, Commercial spaces, Silent zone in all ULB‟s shall be taken up in co-ordination with Town/District planning department, pollution control board and police department and incorporating the same in CDP (Comprehensive Development Plan) with an implementation time duration of 3 years.
Procurement and installation of Noise control devices in co-ordination with pollution control board with an implementation time duration of 2 years.
Also the DMA directed the ULB to take the following measures:41
1. Mapping of urban area into Residential, Commercial, Industrial and silent zones
2. Declaring a buffer of 100m around the public hospitals, courts and educational institutions as „Silent zones‟ and installing display boards appropriately.
3. The urban areas to be designated as A-industrial, B-Commercial, C-Residential & D-
Silent zones in co-ordination with district environmental officer, local police and district planning authorities and the same to be incorporated in town planning maps. Identification of sources of noise in these areas and taking action to check the noise level as per the Notification issued under the Noise Rules as under:
Limits in dB(A) Leq Area Category of Day time Night time Code Area/Zone (6 Hrs. to 22 Hrs (22 Hrs to 6Hrs) A Industrial 75 70 B Commercial 65 55 C Residential 55 45 D Silent 50 40
4. No person can use loudspeakers in public areas (within the urban limits) without written permission from the ULB‟s.
5. ULB‟s shall take appropriate steps to limit the noise generated by running of vehicles /use of loudspeakers/bursting of crackers within limits, as above, with the co-
operation of police authorities.
6. In case of requirement of use of loudspeakers, musical instruments and other noise generating instruments during night times, such programs shall be conducted only in closed auditoriums, community halls and emergency times and shall not be permitted at any other places.
7. The ULB‟s may grant permission to use loudspeakers with a condition to maintain noise levels within the prescribed limits for cultural, religious and festival activities with a time limit of Night 10 to 12 and the same shall not exceed 15 days per year. A register shall be maintained regarding the permitted activities.
8. At the time of planning the developmental projects/ taking up of development activities, all the development authorities including ULB‟s and other authorities shall identify the sources of noise pollution and prescribe noise levels as a indicator of quality of life, shall strive to take action to restrict the noise levels within the stipulated standards.
429. Directions indicating the noise generated by the private owned loudspeakers/noise generating instruments at the boundary of the private property shall not exceed 5 dB(A) Leq above the ambient standards stipulated for that place.
10. Except for public emergency situations, horns shall not be blown by vehicles / other instruments in Silent and residential zones.
11. Crackers shall not be burst either at daytime/night time in Silent zones.
12. While issuing permissions for building construction activities, a condition shall be incorporated to restrict the noise levels within the prescribed zonal noise levels.
13. Machines used for building construction shall not be operated during night times, in Silent zones and Residential zones.
14. Compensation shall be made for complaints related to noise pollution in ULB‟s.
Also recommended for Zonal mapping for noise levels shall be carried out in consultation with Pollution Control Board, Police Department and Urban Planning Authorities. The ULB‟s shall procure sound level measuring instruments out of their own funds, as per the recommendations of pollution control board. The activities shall be carried out in all the zones in urban areas within noise levels pertaining to those zones.
Other important aspects to be addressed:
Quality of Roads: It is known that quality of roads affect the noise generated when vehicles ply. Hence, to achieve minimum noise, and also to increase the life of vehicles, parameters pertaining to quality of roads to be verified periodically and same shall be ascertained.
The noise is generated by the vehicles during operation through the horns, but also the operation of vehicles generates noise in conjunction with the road. Hence, modalities for periodical Noise Fitness in the running status of the vehicle needs to be arrived at.
It is necessary to ensure for smooth traffic movement and appropriate steps have to be taken to reduce the noise during running of the vehicles.
4.6 Police Department Police Department informed that they will provide Noise level meters to all the Police Stations and necessary instructions have been given to the Patrolling Vehicles like 43 Hoysala, Cheetah and Educate the public by conducting awareness programme to the School Children and also to Public through Digital Print Media, Electronic and Radio.
Accordingly, the Police Department Would imparts appropriate knowledge to the concerned to reduce the noise pollution in various Religious Places. They have also proposed to provide Noise Free Traffic Lights, which go off when the Noise level increase at a particular decibel.
Further, they envisaged that to penalize the Public who create Noise nuisance by imposing Penalty and Cancellation of Driving License. They are also of the opinion that, Noise Pollution test should be mandatory for all the vehicles.
The Traffic Police Department / BBMP have come up with an innovative and convenient way by putting up of Traffic Surveillance Booth (KIOKS) as Traffic Junctions of Bengaluru City of the Convenience of public. The traffic surveillance booth is featured with Multi messaging display system that displays messages, information for the comments and pedestrians.
4.7 Bruhat Bengaluru MahanagaraPalike (BBMP) The Bruhat Bengaluru MahanagaraPalike authorities have not submitted the Action Plans (short and long term) pertains to implementation of Noise Rules.
4.8 Karnataka State Pollution Control Board (KSPCB) The MoEF& CC has announced the road map for systematic monitoring of Ambient Noise Monitoring Network covering 25 Cities to make Indian Cities less noisy. There are 10 Continuous Ambient Noise Monitoring Stations with 50:50 cost sharing basis with CPCB was established by KSPCB. The area covered for noise monitoring are Residential, Commercial, Industrial and Sensitive Areas. The real time monitoring data of Noise data are displayed by KSPCB to the Public.
The KSPCB has procured 125 Noise/Sound level meters as per Govt. of Karnataka Order and supplied to 108 Police Stations (Law & Order). Also, the KSPCB has conducted training programme for Police personnel on implementation of Noise Pollution on 06.1.2019.
KSPCB is also monitoring Noise levels in Co-ordination with Police Department as & when after receiving request letter.
445.0 Compliance to Hon'ble NGT Remarks The compliance made in respect of remarks made in itsinterim order dated 17-08-2020 is as follows:
Sl Remarks made by the Hon'ble NGT Remarks No. 01 No concrete action plan for preparation of The action report is prepared and final project plan has been submitted to same is enclosed. This may be kindly this Tribunal perused.
02 It is seen from the report that, the standard Bengaluru city is having nearly 70 provided for noise pollution as per the Lakhs vehicles plying on the road. In Noise Pollution Rules, 2000 has not been most of the areas including even complied. There is nothing mentioned in residential areas is showing the noise the report as to what are all the steps taken levels exceeding the noise levels by them to mitigate the situation as far and prescribed under the Rules. The they have also not mentioned about the detailed proposal to mitigate the noise source of pollution as well levels is compiled in this report.
03 It is also not known as to whether the In the recommendation made by the direction issued by the Principal Bench committee, the following is of National Green Tribunal, New Delhi recommended.
regarding the installation of noise control mechanism in the public As per the Noise Pollution (Regulation announcement system used by the and Control) Rules, 2000, the Amplifier organisations for conducting their setting of a public address system used at festivals including the religious public function should be that, the sound institutions has been provided so as to pressure levels at the boundary of ground control the noise within the standard should not exceed the permissible levels provided in their state. of the area by more than, 10 dbA. This can be monitored by the police officials on duty for the public function.
Also, the Complainant Sri Mohan Krishna.H, has addressed a letter to the Committee mentioning his observation for Noise Pollution in Bengaluru City and suggested certain measures. The Join Committee reviewed his suggestions and incorporated in its recommendations.
6.0 Overall Recommendation of the Joint Committee 45 In view of the response of the various Govt. Agencies, Bengaluru Development Authority (BDA), Transport and Road Safety Department, Town & Country Planning and Bengaluru International Airport Area Planning Authority (BIAAPA), Bengaluru Metropolitan Regional Development Authority (BMRDA), Directorate of Municipal Administration (DMA), Police Department, and Karnataka State Pollution Control Board, the Joint Committee and the Expert member Prof M.L.Munjal, recommends the following action plans:
1. All the local bodies have to carry out Noise Mapping study in different zones in their planning area.
2. It is also necessary to identify no-horn zones and silent zones. The Zones (Industrial, Residential, Commercial and Silent) should be shown in different colours. This colour scheme can be standardized across all Local Bodies.
3. The urban local bodies shall have to come out with specific length of buffer zone based on respective zonal regulations to Residential area, commercial area, industrial area and sensitive area, for example:- An Industrial Area should be separated from the Residential Area by atleast a buffer of 50 meters. This Buffer should be provided with a dense leaf trees. Additionally, the Industrial Area as well as Residential Area, should have a high enough boundary wall (preferably about 5m Height). These walls will Act as acoustic barriers as well as Visual discontinuities.
4. Training of Regulatory Authority and officers, who use noise level meters, shall be taken on priority with regular basis. This training may be organized and conducted by Environmental Management and Policy Research Institute (EMMPRI), Bengaluru for which they may be duly compensated by the Government of Karnataka.
5. Creation of mass awareness on the ill effects of noise pollution on the health of the general public shall be undertaken regularly. This awareness exercise may be incorporated in the syllabus of Environment Science for School Children by the Education Department (Primary Education).Directorate of Educations (DoE) shall direct all school and colleges to create awareness amongst students so that students shall not carry out such practices of modified silencers.
6. As per the basic principal of "The Polluter Pays", there has to be a mechanism for penalizing the violators and also to impose Environmental compensation cost and Environmental damage cost shall be incorporated in the Law. In case of violation of Section 190 (2) of Motor Vehicles (Amendment) Act,2019, to take action as specified in act.46
7. Shall put in place a mechanism apprehend and penalize the Vehicle users who tamper with the Original Silencer or do not maintain them properly. This operation will be implemented by the Traffic Police Officials who can stop apparently and extra noisy vehicles and then use the Noise level meter to make a case against the vehicle user.
8. Identifying bikes/vehicles fitted with modified silencers and to suspend the driving license and vehicle registration. Registration and Driving License may be revoked on installation of original silencer complying with norms.
9. Local Bodies shall identify local workshops carrying out silencer modification to seal such workshops or imposed penalty on the defaulter.
10. Records of defaulters should be maintained and displayed on websites / Application be developed by State Transport Department in order to trace their frequency of violations.
11. Mass awareness to be created through print media, social media to educate about such violations and the penalty to be imposed
12. The Automotive Research Association of India (ARAI), Pune to be instructed to record the types of Horn used on new vehicle include a photo of the Horn in the Road Worthiness Certificate (during type testing of the vehicle).
Point (7) & (12) above, refers specifically to the basic complaint of Sri H.Mohan Krishna, a resident of Bengaluru. In addition however, list below a couple of long term measures for making Bengaluru a Quite City in line with the spirit of "Smart City". This particular measure will go a long way in reducing the Environmental Noise levels in the City (Particularly all the Noise Monitoring Stations) to indicate in the Ambient Air Quality Standards for different areas.
a) The Motor Vehicles inspectors should include the vehicle Noise testing as a part of process while issuing "Fitness Certificate". This will ensure that the vehicle owner or driver has not replaced or tempered with a Horn and Silencer. Besides this, Inspector can ensure that the vehicle has maintained properly. The same practice may also be followed by the Pollution under Control (PUC) Certificate providers. This measure in a way would introduce a new culture - The culture of "Smart City".
47b) The traffic police officials at a traffic signal should apprehend or catch any vehicle rider honking towards end of the Red light trying to force the vehicle in the front to start moving, when the signal is still Red or Amber. This has been a practiced successfully in some Metro Politian cities, New Delhi. Let this practice shall be introduced in Bengaluru as well again as the "Smart City Culture".
c) The traffic police may like to introduce record it admonitions to pull-up defaulter of wrong parking on the Zebra Cross or Footpath or Blocking the free lanes and undue honking.
d) As per the Noise Pollution (Regulation and Control) Rules, 2000, the Amplifier setting of a public address system used at public function should be that, the sound pressure levels at the boundary of ground should not exceed the permissible levels of the area by more than, 10 dbA. This can be monitored by the police officials on duty for the public function.
Based on above recommendations, the following organizations are identified to take action against defaulters:
Sl.
Tasks Responsible Agency
No
1. Identifying bikes/vehicles fitted with Local Police and Traffic Police
modified Silencers& Horn Department
2. Suspension/ Revocation of Registration State Transport Authority
Certificate / DL
3. To identify local workshops carrying out Municipal Corporations /Local activity of silencer / horn modifications Bodies
4. Mass Awareness State Transport Authority, SPCBs, Police Department
5. To create awareness amongst students Directorate of Education (IshaPanth IPS) (G.Thirumurthy) Police Department CPCB (Shivaraj B Patil) (S.Madhusudhan) Transport Dept. KSPCB
22.The Committee has given certain recommendations which have to be implemented by the different Departments mentioned therein.48
So considering the circumstance, we feel that the report submitted by the Joint Committee and its recommendations can be accepted and the matter can be disposed of by giving certain directions.
23.So the application is disposed of as follows:
(i)The Joint Committee Report, signed on 25.11.2020, received on 19.12.2020 is recorded and accepted.
(ii) The recommendations made by the Joint Committee in para 6 of its report mentioned above are directed to be implemented by the respective agencies mentioned in the report in its letter and spirit.
(iii) Apart from this, the Police Department is directed to create an „app‟ to receive the complaints from the public, whenever certain violations have been noted of non compliance of the provisions of the Noise Pollution (Regulation and Control) Rules, 2000 to attend to the same and take action immediately. They must also make wide publication regarding creation of such an „app‟ to receive the complaints so that the public will be aware of creation of such an „app‟ and utilise the same for the purpose of redressal of their grievance.
(iv)The regulators are directed to monitor the hot spot where there is possibility of more noise being generated than the standard prescribed and take action against those persons who are responsible for the same in accordance with law.
(v)The recommendation No.1 made by the Joint Committee is directed to be carried out by the local bodies viz. to carry out noise mapping study in different zones in their planning area within a shorter time line, at any rate, within a period of three months and take all necessary steps to prevent noise pollution being caused in such hot spots in an effective manner.
49(vi) The respective regulators are directed to strictly comply with the provisions of the Noise Pollution (Regulation and Control) Rules, 2000 in its letter and spirit and take action against those persons who are violating the same in accordance with law without delay.
(vii)The Agencies that have been directed to carry out the same as per the recommendations, are directed to implement the recommendations in harmonious coordination with each other in an effective manner; otherwise, there is a possibility of finding fault with each other in the implementation of the same.
(viii)The District Collector of the respective Districts are directed to coordinate the implementation of the recommendations of the Joint Committee by the respective authorities mentioned in the recommendations in its letter and spirit in their respective jurisdiction.
(ix)The Pollution Control Boards are also directed to inspect the institutions where there is possibility of noise being generated more than the standard prescribed periodically and monitor the noise pollution and take action against those persons who are violating the same, in accordance with law.
(x) Considering the circumstances, the parties are directed to bear their respective cost in the application.
(xi)The Registry is directed to communicate this order to the Chief Secretary, State of Karnataka and also to the District Collectors of all the Districts, Chairman, Karnataka State Pollution Control Board, State Police Chief and District Police Chief, Heads of Motor Vehicle Department and also to the Secretary to Government Local Administration Department, Secretary to Government, Home 50 Department, Secretary to Government, Transport Department and Secretary to Government, Education Department of the State of Karnataka for their information and supervision of the implementation of the directions of the Joint Committee which was accepted and directed to be implemented by this Tribunal.
With the above directions and observations the application is disposed of.
...........................................J.M. (Justice K. Ramakrishnan) .........................................E.M. (Sri.Saibal Dasgupta) O.A.178/2017 17.2.2021-Kkr 51