Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0]

National Green Tribunal

News Item Titled "Nawabganj Bird ... vs Unknown on 26 September, 2025

Item No. 15                                                    Court No. 1

                  BEFORE NATIONAL GREEN TRIBUNAL
                    PRINCIPAL BENCH, NEW DELHI

        Miscellaneous Application in Disposed of Case No. 68/2025
                                    In
                    Original Application No. 117/2024

News item titled "Nawabganj Bird Sanctuary Not (bird's) paradise lost yet
but solace becoming a causality" appearing in The Hindustan Times dated
25.12.2023

Date of hearing: 26.09.2025

CORAM:        HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
              HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER

Applicant:    Suo Motu

Respondents: Mr. Bhanwar Pal Singh Jadon, Ms. Gargi Chaturvedi, Ms. Anjali Sharma
             & Ms. Disha Tiwari, Advs. for the State of UP
             Mr. Amit Shukla & Mr. Chaitanya Kansra, Advs. for UPPCB

                                    ORDER

1. In these proceedings, the Tribunal is considering the adverse effect of noise pollution caused by the highway traffic on the road on the national highway passing by the side of the Nawabganj Bird Sanctuary which is stated to be a paradise for the birds.

2. The Tribunal by order dated 03.04.2024 had taken note of the fact that the noise level much higher than the prescribed standards in certain areas were found by the UPPCB and the UPPCB had made a submission that the punitive and remedial action will be taken. Hence, the OA was disposed of on 03.04.2024 observing/directing as under:

"4. Once, UPPCB has found that noise level was higher than the prescribed standards in certain areas. Responsibility lies with UPPCB to find out the source of such noise pollution and take remedial action including punitive action against the violators.
5. Learned Counsel appearing for UPPCB has submitted that now remedial and punitive action will be taken. Hence, original application is disposed of, directing the UPPCB to take appropriate remedial and punitive action against the violators and file action 1 taken report before Registrar General of the Tribunal within three months. If found necessary, the matter will be listed before the Bench for consideration."

3. The UPPCB had submitted the report dated 26.07.2024 disclosing the action proposed/taken as follows:

"4. That Project Director, NHAI, Lucknow vide letter dated 26/25.06.2024 has informed that Signboards of "No Honking Zone" are established by NHAI in the nearby area of the Nawabganj Bird Sanctuary, Unnao. Copy of the letter dated 26/25.06.2024 with photograph of Signboards of "No Honking Zone" is annexed as Annexure No 02.

5. That the Additional Chief Secretary, Department of Environment Forest & Climate Change, Govt of UP, vide letter dated 06.04.2022 has issued direction to the District Magistrates to provide a proposal regarding notification of Silence Zone for sensitive areas in their respective areas. The above letter dated 06.04.2022 is also copied to UPPCB with direction to co-ordinate with District Magistrates and to send proposal of Silence Zone. Copy of the letter dated 06.04.2022 is annexed as Annexure No

03.

6. That in compliance to the direction passed by Hon'ble NGT in O.A. No. 117/2024 and direction issued by Department of Environment Forest & Climate Change, Govt of UP, the District Magistrate, Unnao vide letter dated 16.06.2024 has proposed 100-meter area around Nawabganj Bird Sanctuary, Unnao as Silence Zone under section 3(5) of the Noise Pollution (Regulation and Control) Rules 2000 as amended. Copy of the letter dated 16.06.2024 is annexed as Annexure No 04.

7. That UPPCB vide letter dated 09.07.2024 has sent a proposal of District Magistrate, Unnao to Department of Environment Forest & Climate Change, Govt of UP, for notification of Silence Zone around 100-meter area of the Nawabganj Bird Sanctuary, Unnao under section 3(5) of Noise Pollution (Regulation and Control) Rules 2000 as amended. Copy of the letter dated 09.07.2024 is annexed as Annexure No 05.

8. That Joint Committee comprising of Police Officer, Ajgain, Unnao, UPPCB, Unnao, Naib Tehsildar Unnao has conducted joint inspection on 26.06.2024 around 100-meter area of Nawabganj Bird Sanctuary, Unnao to identify Noise Pollution sources. The Committee has found that in the 100-meter area of the Bird Sanctuary there is one National Highway (NH25) near 66 meters in East direction and in the East South direction there is Kewana Road at 83 meters. There are no other noise pollution activities found in the 100-meter area of the Nawabganj Bird Sanctuary, Unnao. Copy of joint inspection dated 26.06.2024 is annexed as Annexure No 06.

9. That the Divisional Director, Forest Department, Unnao vide letter dated 26.06.2024 has informed that on the left track 2 between Km 41-43 of Kanpur National highway, 250 Pakad/ Pilkhan saplings can be planted along with tree guards which will be helpful in reducing the intensity of Noise Pollution. A demand has been made for above mentioned tree plantation budget to the higher authorities; after receiving the budget, the work of intensive tree guards will be completed. Copy of the letter dated 26.06.2024 is annexed as Annexure No 07."

4. The result of the noise monitoring conducted by the UPPCB near the Nawabganj Bird Sanctuary are disclosed in Annexure-8 of the report (page-

196) which reveal that the noise level recorded near Nawabganj Bird Sanctuary was higher than the prescribed standards.

5. Learned Counsel appearing for the UPPCB submits that a communication now will be sent to the NHAI for installing the noise bearers to control the noise level. He submits that the higher noise level in the area is on account of the vehicular traffic on the NHAI road. Let the said communication be sent by the UPPCB.

6. To ascertain the compliance, we also implead the following as additional respondent:

Respondent No.6: Project Director, NHAI, Project Implementation Unit, Lucknow, 2/5, Vikrant Kandh, Gomti Nagar, Lucknow.

7. The Registry is directed to serve notice upon the above newly added respondent for filing the response by way of affidavit.

8. List on 24.12.2025.

Prakash Shrivastava, CP Dr. A. Senthil Vel, EM September 26, 2025 Misc Application No. 68/2025 In Original Application No. 117/2024 AM.

3