National Green Tribunal
Tulsi Tower Santha vs State Of Madhya Pradesh on 27 January, 2026
Item No.03
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No.13/2026(CZ)
Tulsi Tower Santha Applicant(s)
Vs.
State of Madhya Pradesh & Ors. Respondent(s)
Date of Hearing: 27.01.2026
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE MR. SUDHIR KUMAR CHATURVEDI, EXPERT MEMBER
For Applicant (s): Mr. Ravikant Patidar, Adv. with
Mr. Kunal Kushwaha, Adv.
ORDER
1. The grievance of the Applicant arises from the blatant environmental violations committed by the Madhya Pradesh Housing & Infrastructure Development Board (Respondent No. 5) and its contractor, M/s. Madhure Infra Engineering Pvt. Ltd. (Respondent No. 6), during the construction of "Tulsi Green Project", although the said project was granted Environmental Clearance (EC) on 03.07.2022, the Respondents are operating in total defiance of its conditions and statutory environmental laws. It is stated that the site is currently a major source of air pollution due to the open dumping of Murram and construction materials without barricading or wet-jet systems. Furthermore, the absence of a functional Sewage Treatment Plant (STP) has led to the illegal discharge of untreated waste water into open areas, causing soil contamination and creating breeding grounds for vector-borne diseases.
1 O.A. No.13/2026(CZ) Tulsi Tower Santha Vs. State of M.P. & Ors.
2. It is further highlighted that the construction activity continues unabated during night hours (10:00 PM to 6:00 AM), with noise levels far exceeding the 45 dB(A) residential limit, exacerbated by a "canyon effect" between the towers, which has resulted in severe sleep deprivation and respiratory ailments among the elderly and children living in the adjacent existing tower. Despite these persistent violations and the lack of mandatory Consent to Establish (CTE) and Consent to Operate (CTO) under the Air and Water Acts, the M.P. Pollution Control Board has failed to conduct the required six-monthly monitoring or site inspections.
3. It is further argued that the site lacks basic dust suppression measures. Construction materials (sand, Murram, cement) are dumped in the open without covers. No wind-breaking barricades or green nets have been installed. There are no screens provided for the building under construction. The dust, smoke and sand are continuously flying in the whole surrounding. Also, the vehicles transporting construction materials are not covered, thereby spreading dust and smoke in the whole surrounding. These are the violations of Sub-Clause V of Clause II Air Quality Monitoring and Preservation under Specific Conditions, as recommended by SEAC.
4. It is also stated that the construction activities are carried out late into the night, violating the Noise Pollution (Regulation and Control) Rules, 2000. The Respondent No.6 while doing construction, the Noise levels significantly exceed the limits prescribed for residential zones. The noise level is above 45 dB(A) Leq. at night time (10:00 PM to 6:00 AM). The Noise levels also increase beyond the prescribed level during the daytime also.
2 O.A. No.13/2026(CZ) Tulsi Tower Santha Vs. State of M.P. & Ors.
5. Learned Counsel has further highlighted that the residents are facing the following acute health problems:-
"(i) Respiratory and Allergic Ailments: Due to the dumping of Murram and construction material in the open and the lack of "wet-jet"
systems, the air is thick with fine particulate matter. Residents, particularly children and the elderly, are reporting persistent coughing, bronchitis, throat irritation, and skin allergies.
(ii) Deprivation of Sleep and Quietude: In blatant violation of the Noise Pollution (Regulation and Control) Rules, 2000 (and 2020 amendments), construction work continues late into the night. The high-decibel noise from heavy machinery, drilling, and stone-cutting prevents children from studying and the elderly from resting, leading to psychological stress and hypertension.
(iii) Safety Hazards for Children and Vulnerable Groups: The lack of mandatory barricading at the construction site poses a physical risk. Furthermore, the transportation of material in open trucks has resulted in a layer of dust on all common areas, balconies, and children's play zones, making them unusable and hazardous. (iv )Vector-Borne Diseases: The illegal disposal of waste water and the accumulation of water in open pits (due to the absence of a proper STP or drainage system) has created a breeding ground for mosquitoes, increasing the risk of Dengue and Malaria for all residents of the adjoining buildings.
6. It is further argued that the residents of the existing Tulsi Tower are the primary victims of the environmental violations committed by the Respondents. Unlike the general public, the existing residents are subjected to 24/7 exposure to:-
"(i) That, the proximity is so close that dust from uncovered construction material and open transportation enters the living rooms, kitchens, and balconies of the existing residents' flats.
(ii) That, the heavy machinery used by Respondent No. 6 causes constant vibrations, causing distress to the families residing in the existing Tulsi Tower.
(iii) That, the new construction is adjacent to the existing tower, the noise levels are amplified due to the "canyon effect," making the decibel levels far higher than permissible residential limits."3
O.A. No.13/2026(CZ) Tulsi Tower Santha Vs. State of M.P. & Ors.
7. Further submissions of the learned Counsel for the Applicant are that Solid Waste Management Rules, 2016, Noise Pollution (Regulation and Control) Rules, 2000, Air (Prevention and Control of Pollution) Act, 1981, and Water (Prevention and Control of Pollution) Act, 1974, are not strictly followed thereby causing serious air pollution adversely affecting the human health and local citizens.
8. A substantial issue of environmental has been raised.
9. Issue notice to the Respondents, returnable within four weeks.
10. The Applicant is directed to take necessary steps for service to the Respondent by both ways and also on available email.
11. The Respondents are directed to submit the reply within four weeks through E-filing portal, preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF.
12. We also deem it just and proper to call a report on the matter in issue, in present application, from a Joint Committee consisting of:
(i) One representative nominated by the Director, Central Pollution Control Board, Integrated Regional Office, Bhopal, (M.P.),
(ii) One representative nominated by the Member Secretary, Madhya Pradesh Pollution Control Board, (M.P.), and
(iii) One representative from the Municipal Commissioner, Bhopal Municipal Corporation, (M.P.),
13. The Committee is directed to visit the site and examine the matter and take remedial measures directing the agency concerned to follow the Solid Waste Management Rules, 2016, Noise Pollution (Regulation and Control) Rules, 2000, Air (Prevention and Control of Pollution) Act, 1981, and Water (Prevention and Control of Pollution) Act, 1974, and in case of any failure, immediate punitive as well as remedial measures 4 O.A. No.13/2026(CZ) Tulsi Tower Santha Vs. State of M.P. & Ors.
must be taken according to rules, and submit the factual and action taken report within four weeks. The State PCB will be the Nodal Agency for coordination and logistic support.
14. Applicant is further directed to supply the required documents and copy of the application to the Committee and the Respondents within a week and after compliance of service, the Applicant has to submit an affidavit that notices and copy of the application have been served upon the Committee and Respondents.
15. The report in the matter be filed by the Committee by email at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
List it on 23rd February, 2026.
Sheo Kumar Singh, JM Sudhir Kumar Chaturvedi, EM 27th January, 2026, Original Application No.13/2026(CZ) AK 5 O.A. No.13/2026(CZ) Tulsi Tower Santha Vs. State of M.P. & Ors.