National Green Tribunal
M.Vetri Selvan, Advocate vs Ministry Of Environment, Forest And ... on 9 November, 2020
Author: K. Ramakrishnan
Bench: K. Ramakrishnan
Item No.8:
BEFORE THE NATIONAL GREEN TRIBUNAL
SOUTHERN ZONE, CHENNAI
Original Application No.42 of 2017 (SZ)
(Through Video Conference)
IN THE MATTER OF:
M. Vetri Selvan
Advocate
No.1-P, Pandu Klix Plaza
330/160, Thambu Chetty Street,
Chennai- 600 001.
...Applicant(s)
Versus
1) Union of India,
Rep. by its Secretary,
Ministry of Environment, Forest & Climate Change,
Paryavaran Bhawan
CGO Complex, Lodhi Road
New Delhi - 110 003.
2) State of Tamil Nadu
Represented by the Secretary to Government
Department of Environment and Forests
Secretariat
Chennai - 600 009.
3) State of Tamil Nadu
Represented by the Secretary to Government,
Housing and Urban Development Department,
Secretariat,
Chennai - 600 009.
4) The Member Secretary,
Tamil Nadu State Pollution Control Board
76, Anna Salai, Guindy,
Chennai - 600 032.
5) The Principal Chief Conservator of Forests,
Panagal Building, Saidapet,
Chennai - 600 015.
6) The District Collector,
Coimbatore District
Coimbatore.
7) Hill Area Conservation Authority
Coimbatore South Circle
Coimbatore.
[1]
8) The Conservation of Forests,
Coimbatore Circle,
Trichy Road,
Coimbatore - 641 018.
9) The District Forest Officer,
Coimbatore Division
Trichy Road,
Coimbatore - 641 018.
10) District Environment Engineer,
Tamil Nadu Pollution Control Board,
J. Kapila Towers
266, Mettupalayam Road,
Coimbatore - 641 043.
11) The Secretary,
Isha Foundation
15, Govindasamy Naidu Layout,
Singanallur
Coimbatore 641 005. ...Respondent(s)
For Applicant(s): Sri. M. Radhakrishnan.
For Respondent(s): Smt. Me. Saraswathy for R1.
Sri. S.V. Vijayaprasanth, Spl. Govt. Pleader
for R2, R3, R5 to R9.
Sri. C. Kasirajan for R4, R10.
Sri. Omprakash, Senior Advocate along with
Sri. Suresh for R11.
Judgment Pronounced on: 09th November, 2020.
CORAM:
HON'BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
Whether the Judgement is allowed to be published on the Internet - Yes/No
Whether the Judgement is to be published in the All India NGT Reporter - Yes/No
JUDGMENT
Delivered by Justice K. Ramakrishnan, Judicial Member.
1. The grievance in this application is regarding the Sivarathri functions conducted by the 11th respondent organization in the area where they have constructed the structures for the purpose of promoting their activities. It is alleged in the application that in the [2] year 1994, 11th respondent foundation commenced its activity and started construction of the buildings illegally at the foot of Velliangiri Hills, Coimbatore. Applicant already filed some Pubic Interest Litigations before the High Court of Madras as W.P.Nos.5885 of 2013, 13140 of 2013, 16583 of 2013, and 8901 of 2014 against the 11th respondent, Isha Foundation and those writ petitions are pending. Respondent no.11 is a volunteer run international non profit organization. It is seen from the letter dated 17.8.2012 addressed by the District Forest Officer to the Principal Chief Conservator of Forest, Chennai that 11th respondent had constructed its first building having a built up area of 2913.34 Sq.m in the year 1994 and thereafter, they have made further constructions and created lake, ornamental gardens, parking bay, play ground etc. covering an area of 4,27,700 Sq.m.
2. According to the applicant, 11th respondent has not obtained any permission either from the Hill Area Conservation Authority or No Objection Certificate (NOC) from the Forest Department for this purpose. They are making construction in this area and the report of the District Forest Officer in this regard will go to show the nature of construction and violation which is reiterated in the application as follows:
"On 16.2.2012, the District Forest Officer, inspected the above areas and his report is furnished below:
a) The details of buildings being constructed in Survey Nos.48/1, 48/2, 49, 50/1, 50/2A, 50/2B, 50/2C, 50/2D, 50/3A, 50/3B, 50/3C, 50/3D, 50/4A, 50/4B, 51/2A, 51/2B, 51/3, 51/4A, 51/4B, 51/4C, 52/1A, 52/1B, 52/1C, 52/2A, 52/2C, 53/1A, 53/1B, 54/1, 54/2, 55/1A, 55/1B, 56, 57, 58/2A, 58/2B, 58/3, 59, 77/1, 78/1, 78/2A, 78/3, 84, 85/1, 85/2, 86/1, 86/3, 101/3C, 1077/1A1A, 1077/8, 1079/1 in a total area of 42.77 hectares from the year 1994 is furnished below:
Sl. Details Year Extent
No. (sq.m)
[3]
1 Building 1994 2913.34
2 Building 1998 8604.63
3 Building 2000 1448.03
4 Building 2001 8590.46
5 Building 2002 7589.93
6 Building 2005 8277.93
7 Building 2006 212.28
8 Building 2007 5259.07
9 Building 2008 6148.83
10 Building 2009 5478.60
11 Building 2010 8856.90
12 Lake 2010 1406.62
13 Buildings that are 28582.52
being built now
14 Footpath, 334330.86
ornamental garden,
storage room,
parking, playground,
betel grove, holy
water lake
Grand total 4,27,700
b) From 1994 to 2011 Isha Foundation has built 63380 square meter buildings and 1406.62 square meter lake. Of these Isha Foundation claims to have obtained planning permission from the panchayat for the buildings measuring 32855.80 sq.m the details of which are furnished below:
Sl. Year of construction Extent (sq.m)1
No
1 1994 2913.34
2 1998 8187.37
3 2000 1191.16
4 2001 8590.46
5 2005 7385.71
6 2007 2226.33
7 2008 2361.43
Total 32855.80
c) After the above lands were declared as hill areas by G.O.No.49 Housing and Urban Development Department dated 24.3.2003 on what basis the village panchayat had given permission to the Isha Foundation without the Hill Area Conservation Authority is not known.
d) The total area for which Isha Foundation has sought No Objection Certificate 4,27,700 sq.m in which footpath, ornamental garden, parking etc are proposed to be constructed has been allocated by the Isha Foundation with an area of 3,34,330.86 sq.m i.e., 78% of the total area. There is a huge possibility of the Isa Foundation constructing small buildings in this 78% area.
[4]e) Without waiting for the permission of the Hill Area Conservation Authority, the Isha Foundation which had sought No Objection Certificate from the Forest Department has commenced construction of buildings to an extent of 28582.52 sq.m. in Survey Nos.48/2, 53/1A, 53/1B, 86/2,1079/1A.
f) As per the Revenue Standing Order No.15-35(3) a buffer zone to the length of 2 to 3 chains should be maintained between patta lands and forest lands by the Revenue Department.
g) But in this instance, the Isha Foundation had constructed the front compound wall, front entrance from the forest land. Further all the buildings are constructed between 1.70 meters from the forest buffer zone.
h) All the above lands are situated in the elephant corridor. Due to the construction of buildings, and the increasing population of the visitors to the Isha Foundation everyday and due to the fact that all the vehicles coming to the Isha Foundation use the forest connecting road to the Thanaikandi tribal hamlet and large number of vehicles the elephant corridor is obstructed and due to this obstruction the confrontation between man animal (elephant) is increasing.
i) Inspie of the caution issued by the Forest Range Officer, Bolambatty several times viz., R.C.No.950/2011 dt.8.2.2012, 14.4.2012 the Isha Foundation has not stopped the illegal constructions:
j) During the dry months of March or April more than 2 lakh devotees visit Isha Foundation or the Maha Sivarasthri festival. Due to the high decibel noise due to the huge influx of vehicles to the event, and the high decibel audio and powerful light arrangements for the function the normal life of the elephant habitat gets disturbed and in an eventuality where the elephant herds attack the devotees in large numbers, the minimum forest department personnel available would not be in a position to control the damage."
3. The applicant also alleged that on account of this construction there is possibility of man-animal conflict, as could be seen from the report of the Forest Officer that there is elephant corridor for passing of elephants. This has obstructed the movement of elephants and that in a way affect the forest ecology and forest habitation.
4. The Division Bench of the Hon‟ble Madras High Court by order dated 8.3.2013 passed in M.P.No.1 of 2013 in W.P.No.5885 of 2013 issued direction to the District Collector and Superintendent of [5] Police, Coimbatore to ensure that Mahashivarathri be celebrated without causing any danger to human beings and wild animals in the area. According to the applicant, he filed another writ petition W.P.No.2133 of 2015 for issuance of writ of mandamus, forbearing 11th respondent foundation from celebrating seven day cultural extravaganza between 10.2.2015 and 16.2.2015 and Mahashivarathri on 17.2.2015 in the illegal building constructed by 11th respondent, against whom lock and seal demolition notice dated 24.04.2012 was issued by the Deputy Director of Town and Country Planning, Coimbatore under Section 85 of the Town and County Planning Act, 1971, as amended by Act 61 to 2008. The said writ petition was disposed of by order dated 30.1.2015 wherein the Hon‟ble High Court has observed:-
"in our view, if the authorities have a view, nothing precludes them from taking action in accordance with the law, unless there are interdicts from competent courts or proceedings pending. If those proceedings are pending, as it appears from the submissions of the learned counsel for the petitioner, then those proceedings must attain finality first. The present petition is really in the nature of interim measure which is pending consideration of the larger issue and thus we are no inclined to maintain the present petition as Public Interest Litigation."
5. Whether the buildings illegally constructed by 11th respondent will have to be demolished subject to the outcome of the revision petition filed by 11th respondent and pending with Government of Tamil Nadu is the larger issue as observed by the High Court of Judicature at Madras by order dated 30.1.2015 in W.P.No.2133 of 2015. That issue will be ultimately decided by the Hon‟be High Court, Madras.
6. This application arises out of the likelihood of damage caused to the wildlife and environment in the hill area surrounding Ikkarai Bolluvapatty Village, Coimbatore on account of the celebration of [6] three day cultural extravaganza between 21.02.2017 and 23.02.2017 and Mahashivarathri on 24.02.2017.
7. According to the applicant, if there is no regulation or guidelines provided for conduct of such functions near the Reserve Forest Area, it will have some impact on the wildlife. Further, there is possibility of using sound system which is likely to affect the wildlife animals in the forest area. Further there is a possibility of huge congregation and movement of vehicles and no regulation has been made by the regulating authorities to monitor such festivals or cultural activities within the 11th respondent foundation campus and he filed the application seeking the following relief:
"to grant a permanent injunction restraining respondent no.11 Isha Foundation from conducting the Mahashivrathri Festival and other cultural extravaganza within the buffer zone pointed out by respondent no.9 in his report bearing RC.No.VI/81209/2011 dated 17.8.2012 addressed to respondents 5 and 8."
8. Respondents 4 and 10, Tamil Nadu Pollution Control Board filed their statement stating that 11th respondent Isha Foundation has not applied for "consent" to Tamil Nadu Pollution Control Board under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981. As per G.O.Ms.No.49 dated 24.3.2003, Ikkarai Poluvapatty village is included in the list of Hill Area Conservation Authority (HACA) notified areas. Any construction in the said location attracted by Hill Area Conservation Authority requires to get prior permission from District Collector, Hill Area Conservation Authority and Town [7] and Country Planning Department. Then only Tamil Nadu Pollution Control Board can receive application for „consent‟ and process the same. As per the direction of the District Administration, based on the orders of the Hon‟ble High Court passed in W.P.No.5885 of 2013 ambient noise level survey was conducted by Tamil Nadu Pollution Control Board during Mahashivarathri festival at Isha Foundation from the year 2013.
9. Noise Level Survey was conducted on 24.2.2017 during Mahshivarathri festival. It was noted as follows:
Sl. Location of noise Direction Leq Max Min No level measurements made 1 Western side of the West 66.3 70.7 61.0 stage (150m) 2 South to stage (1 km) South 70.4 75.5 59.2 3 East to stage (500 m) East 71.8 80.9 51.8 4 North to Stage (500 North 63.6 78.3 57.6
m) 5 Entry - North 65.2 69.2 61.0 Threethagunda East to temple stage 6 Muttuthuvayal South - 65.7 66.9 64.7 Village South East 7 South West to Stage South 57.9 58.9 57.3 Muttuthuvayal West Village 8 Enroue to Poondi - South 63.9 66.0 62.0 Coimbatore Road East
10. As per Rule 5(4) of Noise Pollution (Regulation and Control) Rules, 2000, it should not exceed 55 dB(A) or it does not exceed over and above the permitted level, whichever is lower. This area has not been classified as residential zone or otherwise.
11. Eleventh respondent filed counter contending that they are conducting all activities and constructions in the area in accordance with law. They are conducting festival and cultural programme within the buffer zone, as pointed out by ninth [8] respondent in his report dated 178.2012 addressed to respondent 5 and 8. Applicant is filing application after application in order to harass eleventh respondent. Writ petitions are also pending before Hon‟be High Court and revision is pending before the Government regarding the constructions made in that area. They are not using any sound system which affects the wildlife. They have taken all precautionary steps to prevent any pollution or any disturbance to the wildlife, as they are more concerned about protection of environment.
12. Ministry of Environment, Forest and Climate Change filed counter stating that writ petitions are pending before Hon‟be High Court of Madras in respect of the same issue and according to them there was no encroachment into reserve forest area and the area in question is very adjacent to the National Park Boundary which is known as elephant habitation. It is also mentioned that constructions have been made in that area without prior approval from the Hill Area Conservation Authority and suggested certain mitigation measures to be adopted in case the authority decides to approve the said construction in the report submitted before the Hon‟ble High Court of Madras. However, PCCF & HoFF, Tamil Nadu has proposed to have mitigation measures since the area is known as elephant habitation.
13. Ninth respondent District Forest Officer, Coimbatore filed counter contending that writ petitions are pending before Hon‟ble High Court regarding alleged illegal constructions made by eleventh respondent in forest area. The said area has been notified under Hill Area Conservation Authority as per G.O.Ms.No.44 of Planning and Development (TCII) Department dated 22.4.1990 and Housing [9] and Urban Development (UD2-2) Department, G.O.Ms.No.49 dated 24.3.2003 and 22.4.1990. Accordingly when people apply for HACA clearance for proposed /already constructed building, the Forest Department to inspect the area and see from Forestry and Wildlife point of view only. After inspection remarks will be submitted to the Head of the Department through Conservator of Forests, Coimbatore for further processing and approval. Eleventh respondent has purchased patta lands adjacent to Bolampatti Block II Reserve Forest since 1994 and applied for clearance for already constructed building under HACA to the Principal Chief Conservator of Forests, Chennai vide their application dated 6.7.2011 and the said application was withdrawn by them on 22.10.2012. Subsequently they filed their application dated 5.1.2014 for already constructed buildings under Hill Area Conservation Authority to the Forest Department. Subsequently, a revision application was submitted by them on 20.3.2017 in respect of the constructions made in the survey numbers shown in the counter affidavit.
14. A Technical Committee has been formed by the Principal Chief Conservator of Forests vide Ref.No.TS4/29001/2015 date 17.3.2017 to inspect the field and offer technical opinion with the following members:
(i) Dr.P. Raghuram Singh, IFS, Additional Principal Chief Conservator of Forests & Project Tiger, Coimbatore.
(ii) Thiru I. Anwardeen, IFS, Conservator of Forests, Coimbatore.
(iii) Thiru S. Ramasubramanian, IFS, District Forest Officer, Coimbatore Division.
(iv) Thiru K. Raj Kumar, IFS, District Forest Officer, Nilgiris South Division."[10]
15. Accordingly, the Technical Committee, after taking into consideration of all the technical issues relating to forest and wildlife, gave a detailed guideline to the District Forest Officer to finalise the issue without compromising any of the habitat requirements and biological requirement of the wildlife living in that area as follows:
"I. Issue of Ecological sensitivity and edge effect The Principal Chief Conservator of Forests has already taken stand on buffers for wildlife habitat requirements in Coimbatore forest division landscape for lands adjoining Reserve Forests (RF) boundaries while dealing with cases of clearances sought from Forest Department for project/institutions: vide PCCF's reference no.TS4/29001/2015 dated 3.2.2016 No. TS4/25946/2008 dated 21.5.2008 No.TS4/11390/2009 dated
16.4.2009 & TS4/11389/2009 dated 16.4.2009 TS4/10174/2013 dt.17.4.2013. The District Forest Officer, Coimbatore Division may rely on the guidelines issued by the Principal Chief Conservator of Forests and Head of Forest Force in these references for guidance.
II. Issue of Elephant Corridors The committee deliberated on the issue of elephant corridors vis-a vis recommendations under HACA. It was unanimously agreed that as the said subject has already been addressed in detail vide the minutes issued by the Principal Chief Conservator of Forests & Chief Wildlife Warden vide Ref.No.WL5/26779/2014 dated 11.2.2015 pursuant to the consultation meeting on elephant corridors of Tamil Nadu, the same has to be relied upon for all such related purposes. Hence the District Forest Officer, Coimbatore Division may fall back on this reference for guidance in such cases.
III. Issue of distance from Reserve Forest criteria With regard to the issue of clearances for lands having common boundary with Reserved Forests, the PCCF's reference no.TS4/29001/2015 dt.3./2.2016 has already issued detailed guidelines. In view of this the District Forest Officer, Coimbatore Division is requested to follow these guidelines.
7. It is respectfully submitted that the District Forest Officer inspected the area on 28.3.2017 and thoroughly gone through the various factors which are likely to cause disturbance to the wildlife in that area and has recommended for the approval with the following conditions on 29.3.2017 vide Ref. No.D1/2438/2013 to the Principal Chief Conservator of Forests.
a) The Kalari shed which is having 1249.91 sq.mt is 16 meter from the reserve forests and the water tank with swimming pool with an area of 2057.43 sq.mt is 6 meter [11] from the reserve forests must be removed due to the disturbances likely to be caused to the wildlife in the adjoining reserve forests.
b) The road which runs parallel to the forest road from south to north in the given lay out must be shifted to 100 meters on the eastern side as frequent movement of vehicles along this road will cause lot of vehicular and noise pollution.
c) The temporary sheds on the western side should also be removed keeping in mind the noise pollution and excessive illumination during the right time which may cause behavioural disturbance to the wildlife.
d) Adequate fencing and elephant proof trenches around the premises to keep the elephants away from the campus.
e) Two water troughs with a capacity of 5000 litres each may be constructed 100 meters way from the boundary of the premises within the Bomampatty reserve forests to provide drinking water to the wildlife especially elephants.
f) Raising shelter belt with 5 rows of tress to prevent noise and air pollution likely to be caused by the influx of large number of pilgrims.
g) Institution shall provide suitable accommodation to the forest staff for patrolling purposes.
h) All along the boundary of the premises, fire watchers should be engaged during summer season to assist forest department staff by the institution.
i) No trees that attracts like elephants especially Jack fruit, bamboo, tamarind, coconut, banana etc should be raised within the premises.
j) No new building should be constructed within 100 meters distance from the reserve forest boundary in future.
k) The existing forest road from Mullankadu forest check post to the Isha premises should not be used by the pilgrims and the general public visiting the premises as elephants cross this road frequently.
l) Forest Department reserves the right to impose any condition in future in the interest of wildlife/forest conservation.
m) No parking area within the campus should be created within 500 meters.
8. It is respectfully submitted that with regards to the averments in para 4, District Forest Officer, Coimbatore Division vide letter No.D1/8120/2011 dated 17.8.2012 had inspected and filed a detailed report and the report is true as given in the application.
9. It is respectfully submitted that during the Mahasivarathri festival, the District Forest Officer has issued permission vide his Ref.no.D1/2438/2013 dated 20.2.2017 to conduct the festival with the following conditions:
[12]I. The vehicles will not be allowed to enter the forest road through the Mullakadu forest check post. II. Fireworks and noise producing activities are not permitted during the Mahasivarathir festival.
III. High voltage lights and high decibel sound causing speakers and generators are completely banned during the festival.
IV. The pilgrims and public should not enter the nearby reserved forest area for any purpose.
V. All the vehicles must be parked at least 300 meters distance from Mullankadu forest check post. VI. Cooking and distribution of food nearby forest is prohibited during the festival.
VII. Food and other waste materials should not be thrown into the reserved forest area during the festival. VIII. Sufficient lighting facilities must be provided by the Isha foundation to prevent wildlife movement in nearby areas. IX. Construction of watch tower at suitable place and posting anti poaching watchers in the forest boundary is necessary to monitor elephant movement.
X. Providing temporary solar power fence in the forest boundary is necessary."
16. It is also mentioned in the reply statement that due to above conditions, the festival was conducted on 24.2.2017 and 25.2.2017 without any untoward incident. The conditions are followed by eleventh respondent and there was no man-animal conflict on that day. They have further stated that the committee has inspected and gave a detailed report and that has to be considered by the higher authorities. The proposal was submitted to the Principal Chief Conservator of Forest with certain conditions imposed by the Forest Officer by their letter Ref.D1/2438/2013 dated 29.3.2017. The Principal Chief Conservator of Forests has also recommended to the Commissioner of Town and County Planning, Chennai vide their letter K.Dis.No.TS4/11676/2017 dated 04.04.2017.
17. As regards encroachment is concerned, inspection was conducted and following conclusions have been arrived at:
i. There is no encroachment in RF area and violation RF boundary by the Isha Foundation.[13]
ii. The Isha campus has come up vey adjacent to natural forests boundary which is a known elephant habitat.
iii. Ishas foundation has not obtained HACA clearance for their constructions inside the campus.
iv. Isha campus like many educational institutions, farm houses, lay outs etc have come up in the recent years adjacent to natural forests with growth of Coimbatore city. v. About 500 - 1000 devotees visit ashram and temple daily. vi. There are several ancient temples located over various hills in the region which are visited by devotees regularly, including Isha devotees, through established roads and foot paths."
18. It was confirmed by the Regional Chief Conservator of Forests that there is no encroachment in the forest area by eleventh respondent. Though it was not declared as elephant corridor, due to passage of elephants taken in that area, certain restrictions have been issued and also directed to remove certain constructions made during Mahashivarathri function and also they have been directed to maintain green belt to mitigate noise pollution etc.
19. As per order dated 05.03.2020, this Tribunal after considering the pleadings passed the following order:-
"17. It is seen from the counter statements that there are certain matters pending before the Hon'be High Court of Madras and the functions are being conducted on the basis of the directions given by the Hon'ble High Court, Madras by way of interim order. Without seeing those orders, it is not proper on our part to proceed with the matter further. Further, it is also not known as to what happened to the revision filed by eleventh respondent with Government regarding the direction issued by the Town and Country Planning Authority regarding the alleged illegal constructions made by eleventh respondent and lock and seal notice given by the above department and what is the present status of regularizing of the constructions made near the reserve forest area, as this area has been declared as Hill Area Conservation Zone and granting of permission will have to be considered by the authorities constituted under the scheme and such applications were pending since 2017 and it is not known as to what happened to the same as well.
18. So the MoEF & CC, petitioner as well as eleventh respondent are directed to produce the copy of the writ petitions pending before the Hon'ble High Court of Madras and the interim orders passed and also the orders passed in the disposed matter, [14] before this Tribunal before the next hearing date. Town and Country Planning Authority, State Government, MoEF & CC and Forest Department are directed to submit a status report regarding the revision filed by eleventh respondent against the seal and lock notice issued by the Town and Country Planning Authority, Coimbatore and the application pending for regularizations of the constructions made under the HACA scheme and submit the report to this Tribunal through e-mail at [email protected] before the next hearing date. The State Government is also directed to file a report as to whether the District Collector, had the authority under the HACA, has taken a decision on the application filed by eleventh respondent for regularization of the constructions made in that area before the next hearing date. The District Collector is also directed to submit a report as to what are the precautions taken during the conduct of Sivarathiri function in that area, as directed by the Hon'ble High Court of Madras in this regard in the Public Interest Litigation, pending before the Court."
20. The matter was taken up on 16.06.2020 and we have considered the report of the District Forest Officer which was received by e-mail dated 12.05.2020 and the same was extracted in Para 5 of the order dated 16.06.2020 which reads as follows:-
"5. The District Forest Officer had filed a report along with certain documents by their e-mail dated 12.05.2020 which reads as follows:
1. In all ranges, the special teams perambulated along the forest boundaries and reported to the District Forest Officer.
2. One house and house hold articles were damaged by elephant in 24 Veerapandiputhur Village of Coimbatore Range.
3. One male elephant was driven back to Kallar RF by ant poaching watchers from Sachithanantha School of Mettupalayam Range.
4. One Cobra was rescued in Amman Nagr village of Mettupalayam Range and released in Nellimalai RF.
5. One elephant herd was driven back to Odenthurai RF from welcome steel plant. Connur road of Mettupalayam Range.
6. One male elephant was driven back to Boluvampatti block II RF from Co-Salai area of Narasipuram village of Boluvampatti Range.
7. No incidents of virus spread to the staff and wild animals are reported yesterday (09.05.2020) in this division. As well as no poaching cases & forest fire incidents were happened yesterday.
Yours Faithfully, District Forest officer Coimbatore Division."
[15]21. We have also considered the report submitted by the 5th respondent received through e-mail dated 16.06.2020 which has been extracted in Para 7 of that order which reads as follows:-
"7. 5th respondent has almost reiterated contents of the report submitted by the 9 th respondent namely District Forest Officer and sent a report through e-mail dated 16.06.2020 which reads as follows:
"1) It is submitted that Thiru.M.Vetriselvan, Chennai had filed writ petitions in the Hon'ble High court, Chennai, alleging illegal construction of buildings by the ISHA foundation in W.P.No:
5885/2013, 13140/2013 and 16583/2013 and he had also filed application before Hon'ble National Green Tribunal, Southern Zone at Chennai in application No.42/2017 seeking certain directions.
Accordingly the application came for hearing on 05.03.2020 and the Hon'ble Tribunal passed interim orders directing Town & Country Planning Authority, State Government, Ministry of Environment Forest & Climate Changes and Forest Department to submit a status report regarding the revision application filed by 11th respondent on 20.03.2017.
2) It is humbly submitted that the petitioner has stated in his application that the Isha Foundation lies in Elephant Corridor. The Bolampatti Block II reserve forest which is adjoining to Isha foundation is a known elephant habitat but it is not designated as an elephant corridor as alleged by the petitioner. In this aspect it is submitted that the elephants for time immemorial using these adjoining forests for annual migration. During that migration, elephants used to spill out from the forest to the adjoining patta lands, in search of flashy and tasty agriculture and Horticulture crops and sometimes for water. This is happening entire length of Reserved forests of this division which measures about 250 Kms. Otherwise it is not officially declared corridor since it is not falling under the true definition of corridors.
3) It is submitted that to mitigate the suffering of the poor farmers, the Forest department is paying compensation to the damages caused by the wildlife due to crop raiding and accidental death of human beings. The accidental death of human beings due to elephants pointed out by the applicant is pertaining to the whole division area and not for the Ikkarai Bolampatti village alone where ISHA foundation is located. The above said lands of Isha foundation are not falling under the normal migratory route of Asian elephant. Further during the Maha Sivarathri Festival, the District Forest Officer has issued letter to conduct the festival with certain conditions to safeguard [16] the public as well as wildlife. Therefore no untoward incidents happened during the festival time.
4) It is submitted that the petitioner has also stated in his application that Isha foundation constructed buildings illegally in and around Ikkarai Boluvampatty village. The ISHA Foundation is situated in 52 survey field nos of Ikkarai Boluvampatty Revenue Village. This village has been notified under Hill Area Conservation Authority(HACA) as per G.O.(Ms)No.44 of Planning and Development (TCII) Department dated 22.4.1990 (Copy enclosed) and (2) G.O.(Ms).No.49 Housing and Urban Development (UD2-2) Department dated 24.3.2003
5) It is humbly submitted that The above lands are situated adjoining to Bolampatti Block -II Reserved Forest and Isha Foundation has constructed the buildings in the above survey lands from the year 1994 over an extent of 4,27,700 sq m. Out of this, the Isha Foundation claims that it had obtained permission from the panchayat for buildings measuring 32855.80 square meter. The Isha Foundation constructed the above buildings without getting permission from HACA. Further the new building construction was also going on. Hence during the year 2012, a notice was issued by this Department to Isha foundation to stop unauthorized constructions.
6) It is submitted that in mean time the Principal Chief Conservator of Forests (Head of Forest Force) directed the Regional Chief Conservator of Forests (Coimbatore Region) to inspect the field, enquire and submit a report on the alleged irregularities committed by the isha foundation. Accordingly, the Regional Chief Conservator of Forests (Coimbatore Region) inspected the area and confirmed that there is no encroachment by Isha foundation in the Boluvampatti Block- II Reserved Forest area.
7) It is submitted that during the year 2011, the Isha Foundation applied, vide application dated: 06.07.2011 for ex - post facto approval of constructed buildings. Subsequently, it withdrew its application dt. 06.07.2011 in its letter dt.22.10.2012 stating that there are some revisions to be made in the application. Finally it submitted an application under Hill Area Conservation Authority (HACA) vide its request letter dated 05.01.2014 and 20.03.2017 to the Forest Department.
8) It is submitted that since the area involved is adjacent to the Boluvampatty Block -II Reserve forest, a technical committee was formed by the Principal Chief Conservator of Forests vide reference No TS4/29001/2015 dated: 17.03.2017 to inspect the field and offer their technical opinion. Accordingly, the Technical committee after taking into consideration all the technical issues related to forest department issued a detailed [17] guideline to the District forest officer to finalize issue without compromising any of the habitat requirements and biological requirement of the wildlife living in that area.
9) It is submitted that the District Forest Officer, Coimbatore and Conservator of Forests, Coimbatore inspected the Isha foundation area and considering various factors that are likely to cause disturbance to the wildlife particularly elephant in that area, recommended for the approval with certain conditions to the Principal Chief Conservator of Forests on 29.03.2017. The Principal Chief Conservator of Forests also recommended to the Commissioner, Town and country planning, Chennai with certain conditions on 04.04.2017.
10) It is submitted that based on the conditional recommendations from this department, the Commissioner, Town & Country Planning, Chennai in his proceeding in C.No.6694/2017/rpgp dated: 03.05.2017 issued orders directing the Regional Deputy Director, Town & Country Planning, Coimbatore Region to issue building permission after collecting necessary prescribed fees from the applicant.
Therefore I most humbly pray before this Hon'ble Tribunal, to record this status report and pass necessary orders that may be deemed fit proper according to the circumstances of the case and thus render justice."
22. We have also considered the status report submitted by the 11th respondent wherein they have reiterated the observations and contents of the reports submitted by the official respondents.
23. We have also considered the submission made by the Senior Advocate appearing for the 11th respondent that there is nothing survives in the matter but we have observed that we are only concerned about the environmental issues that are likely to arise on account of conducting some mega functions inviting large number of devotees in that place and whether all necessary steps required for complying with the Solid Waste Management Rules, 2016, prevention of Sound Pollution Rules, Conservation of Biodiversity and whether necessary permissions from the authorities have been regularly obtained for this purposes and whether the conduct of the function is being properly monitored by [18] the regulating authorities before and after the function so as to ascertain as to whether all conditions imposed for conducting the function have been properly complied by them and if there is any violation found what is the action that has been taken by them to resolve the same or to prevent the same in the succeeding years and also we reiterated the nature of prayer in the applications is to give some directions as to how such functions will have to be conducted and the nature of monitoring that will have to be done by the regulating authorities for which we require the assistance of the regulating authorities regarding the precautionary steps that have been taken by them while allowing such functions being conducted in the compound of the 11th respondent organisation and directed the authorities to submit their response in this regard as to how permissions are being granted and what are all the mechanism provided by them to monitor the same and thereafter, the case was being adjourned from time to time.
24. When the matter came up for hearing today through Video Conference, Sri. M. Radhakrishnan represented the applicant.
Smt. Me. Saraswathy represented 1st respondent, Sri. S.V. Vijay Prashanth, Special Government Pleader represented respondents 2, 3, 5 to 9, Sri. C. Kasirajan represented respondents 4 & 10 and Sri. Om Prakash, Senior Advocate along with Sri. Suresh represented 11th respondent.
25. Heard both sides. The learned counsel appearing for the applicant submitted that the 11th respondent has not obtained any Environmental Clearance (EC) and necessary permissions for construction of building etc. Further, there is no mechanism provided by the authorities to supervise the function that is being [19] conducted by the 11th respondent organization during Mahasivarathri. So he wanted that certain guidelines will have to be provided for the purpose of conducting function so as to avoid any environmental issues happening affecting the environment especially, non compliance of the Solid Waste Management Rules, 2016 and the Noise Pollution (Prevention and Control) Rules, 2000.
26. Sri. S.V. Vijay Prashanth, the learned counsel appearing for the Government departments and Sri. C. Kasirajan, the learned counsel appearing for the Tamil Nadu Pollution Control Board submitted that every year when application is being received from the 11th respondent for conducting Sivarathri function, permissions are being given by the Forest Department and the District Administration by incorporating necessary conditions to be followed by the organization and regular monitoring is also being done by the authorities to supervise whether there is any violation of conditions imposed and if any violations are noted, then action to be taken against the organization in this regard.
27. The learned counsel appearing for the Tamil Nadu Pollution Control Board submitted that there are necessary precautions taken by the 11th respondent organization for managing the waste generated during the time of function and it is being properly disposed also.
28. The learned Senior Advocate submitted that the 11th respondent is an international volunteer organization dealing with spiritual activities and they are very much committed for complying with the environmental norms and all functions are being conducted in an environment friendly manner only. Further, they have also been granted awards by the Ministry of Environment, [20] Forests & Climate Change (MoEF&CC) and other Government organization for conducting functions in an environment friendly manner complying with all environmental norms and the learned senior counsel also submitted that they are prepared to abide by any conditions imposed by this Tribunal in order to protect the environment and wildlife as they are committed to the same.
29. The learned Senior Advocate also submitted that similar applications have been filed before the Hon‟ble High Court, reliefs have not been granted and those applications have been dismissed.
30. The points that arises for consideration as to whether the interference of this Tribunal is required for the purpose of regulating Sivarathri function that is being conducted by the 11 th respondent in the disputed area every year as a mega function and if so, what are all the guidelines that will have to be provided for smooth functioning of the Sivarathri function and other mega functions in an environment friendly manner.
31. It is not in dispute that the 11th respondent organization is an international volunteer organization dealing with some spiritual activities in the disputed area. It is also not in dispute that the constructions were earlier done without getting necessary permission from the Hill Area Conservation Authority and writ petitions were filed before the Hon‟ble High Court regarding the same and those applications are still pending. It is also seen from the subsequent reports submitted by the authorities that subsequently construction activities of the 11th respondent organization have been ratified and approved as required under the Hill Area Conservation Authority orders. So, we have observed in one of the orders that any violation of those matters and illegal [21] construction, encroaching into forest, etc. which are pending before the Hon‟ble High Court and this Tribunal need not go into those issues as those are all the matters to be considered by the Hon‟ble High Court in the writ petitions pending before that Court and we are only concerned about the conduct of the Mahashivarathri function by the 11th respondent in the disputed area in environment friendly manner. For that purpose we had directed the District Collector and Forest Department to submit a report regarding the manner in which the permissions are being granted every year and whether that is being properly monitored etc. and they have submitted their reports in this regard.
32. We have received a report submitted by the District Environmental Engineer, Tamil Nadu Pollution Control Board, Coimbatore through e-mail dated 03.10.2020 which reads as follows:-
"Report on M/s. Isha Foundations, Ikkarai Poluvampatty Village Perur Taluk, Coimbatore District as per the orders of the Hon'ble National Green Tribunal (SZ), Chennai order in O.A. No.42 of 2017 dated 16.06.2020.
1. Background:
The Hon'ble National Green Tribunal, Southern Zone, Chennai in the matter of O.A. No.42 of 2017 by Thiru M. Vetriselvan, Chennai Vs. M/s. Isha Foundation and Ors. is ordered on 16.06.2020 as follows:
"But it may be mentioned here, though we are only concerned about the environmental issues that are likely to arise on account of conducting some mega functions inviting large number of devotees in a place and whether all necessary steps required for complying with the Solid Waste Management Rules, 2016, prevention of Sound Pollution Rules, conservation of biodiversity and whether necessary permissions from the authorities have been regularly obtained for this purposes and whether the conduct of the function is being properly monitored by the regulating authorities before and after the function so as to ascertain as to whether all conditions imposed for conducting the function have been properly complied by them and if there is any violation found what is the action that has been taken by them to resolve the same or to prevent the same in the succeeding years.[22]
But such a report has not been filed by them. One of the prayers in this applications is to give some directions as to how such functions will have to be conducted and the nature of monitoring that will have to be done by the regulating authorities for which we require the assistance of the regulating authorities regarding the precautionary steps that have been taken by them while allowing such functions being conducted in the compound of the 11th respondent organisation. Since, the matter is pending before the Hon'ble High Court regarding the alleged unauthorised construction, even in the earlier order; we have mentioned that we are not dealing with that issue as that has to be considered by the Hon'ble High Court.
So, the official respondents namely the District Collector, Koyambatore, District Forest Officer, Koyambatore Division and the District Environmental Engineer, the Tamil Nadu Pollution Control Board, Koyambatore District to submit their independent reports regarding the steps taken by them by imposing conditions for conducting the function every year by that organisation along with the minutes of the meeting that was convened in connection with the those functions and also mention about the monitoring aspects before and after conduct of the function as to whether those conditions have been strictly implemented by the 11th respondent and if there is any violation found any action has been taken in this regard to avoid the same in future."
As per the direction of the District Administration and based on the order of the Hon'ble High Court order in W.P. No.5885/2013, Ambient Noise level survey was conducted by TNPCB lab during Mahashivarathri festival at M/s. Isha foundations from the year 2013. Noise Level Survey had been conducted every year before and during the Mahashivarathri Festival. The survey was conducted by the AEL, TNPC Board, Coimbatore.
The noise level during survey in Leq dB(A) at the following locations is as follows:
S. Location of Noise Level measurements Direction No. made At source 1 Western side of the Stage (150 mts) West 2 South to Stage (1.0 Km) South 3 East to Stage (500 mts) East 4 North to Stage (500 mts) North Away from the source 5 Entry - Threethagunda Temple North East to Stage 6 Muttuthuvayal Village South -
South East 7 South West to Stage Muttuthuvayal South West Village [23] 8 Enroute to Poondi - Coimbatore Road South East As per the Rule 5 (4), the Noise level at the boundary of the public place, where loudspeaker or public address system or any other noise source is being used shall not exceed 10 dB (A) above the ambient noise standards for the area or 75 dB (A) whichever is lower. This area has not been classified as residential zone or otherwise.
S. Location of Directi Noise Level in Leq dB Noise Level in Leq dB Noise Level in Leq dB No Noise Level on (A) (A) (A) . measureme nts made Before During Before During Before During 12.02.20 festival 04.03.20 festival 21.02.20 festival 18 at 13.02.20 19 at 04.03.20 20 at 21.02.20 5.45 P.M. 18 at 12.30 to 19 at 11.30 20 at to 8.00 10.30 15.00 07.20 A.M. to 11.30 P.M. P.M. to Hrs. P.M. to 3.00 P.M. p.m. to 14.02.20 11.40 22.02.20 18 upto P.M. 20 upto 1.00 03.00 A.M. a.m. At source 1 Western West 54.2 63.1 -- 75.4 -- 71.2 side of the Stage (150 mts) 2 South to South 54.4 67.1 -- 79.1 -- 80.2 Stage (1.0 Km) 3 East to East 62.1 76.8 -- 54.6 -- 81.0 Stage (500 mts) 4 North to North 55.1 57.8 -- 60.4 -- 68.3 Stage (500 mts) Away from the source 5 Entry - North 56.0 65.5 56.9 62.6 65.9 74.5 Threethagu East to nda Temple Stage 6 Muttuthuva South 55.8 67.3 57.5 74.0 57.9 74.8 yal Village -
South
East
7 South West South 44.9 65.2 50.0 53.7 57.0 74.8
to Stage West
Muttuthuva
yal Village
8 Enroute to South 48.2 64.3 52.2 60.3 63.3 64.8
Poondi - East
Coimbatore
Road
It is submitted that Mahashivarathri Festival is famous in this area even prior to the formation of the Isha Foundation due to presence of the famous Velliangiri Andavar Temple also known as Dakshin Kailash. Many pilgrims used to visit Velliangiri hills and Perur Patteeswarar Temple during this festival which is happening for many decades. Further the Velliangiri Temple has been in existence for ages and every year lakhs of devotees are attending Mahashivarathiri and do Paadha Yathra to have the darshan of the Suyambulinga atop the 7 th Hill of the Vellingiri Mountain.
[24]The movement of pilgrimage to Velliangiri Hills and Velliangiri Andavar Temple is via M/s. Isha Foundation and the movement of vehicle and pilgrims in that area will be very high which increases the noise level in that area. Further, it is submitted that police and forest regulate the pilgrims in this area on the way upto Poondi Temple with the help of public address system.
It is submitted that the M/s. Isha Foundation Organize Mahashivarathri Festival and distributes free food for the volunteers and the devotees going to Velliangiri Andavar Temple in area of leaf plates. Approximately one lakh people will attend the festival at Isha Foundation. The generated Municipal Solid Waste is disposed by the 11 th respondent by adopting scientific methods as per SWM Rules, 2016.
Accordingly as reported by the 11th respondent has its own composting facility for the disposal of municipal solid waste generated in its premises. The Isha Foundation is placing sufficient number of bins in the venue each year during festival to prevent people from littering the area. The 11th respondent has also engaged volunteers and labourers to oversee and collect the waste in bins. The wastes collected in the bins were segregated into bio degradable and non biodegradable wastes. The bio degradable wastes are converted into manure by the process of mulching. This was done by the 11th respondent in their compost yards by mixing the waste with cow dung and utilize as manure in their own farms.
District Environmental Engineer, Tamil Nadu Pollution Control Board Coimbatore South Encl. Annexure 1- Noise level survey report conducted in the year 2018, 2019 & 2020 during Mahashivarathi Festival."
33. We have also received the status report submitted by the District Collector dated 03.10.2020 which reads as follows:-
"Status Report filed by the 6th respondent, District Collector, Coimbatore.
I, K. Rajamani, IAS, Son of Thiru. Kuppanna Gounder, aged 56 years, employed as District Collector, Coimbatore, do hereby solemnly affirm and sincerely state as follows:
The Mahashivarathri Festival is celebrated on a grand scale in a places of worship like Perur Patteswarar Temple, Velliangiri Aandavar Temple and Isha Foundation. Large number of devotees gather to celebrate and receive the blessing of Lord Shiva. Facilitating the devotees visiting these temples/places is a combine effort of a Local administration and the respective temple/organization. Both the Local Administration and the [25] respective Organizations have been working jointly to manage the festive efficiently. In this regard, every year before the Maha Shivarathri festival, a meeting has been organized in the District Collector's Officer to plan on the measures to be taken for the festival. Officials from various departments viz., Police, Fire and Rescue Services Department, Forest Department, Tamil Nadu Pollution Control Board will attend the meeting along with representatives of the respective organization.
It is submitted that the following are a set of standard guidelines that has been entrusted to the respective organizations and the temple authorities to be followed during the Mahashivarathri festival.
1) They should provide clean drinking water and sanitary facilities for the devotees.
2) They should extend their cooperation and also facilitate the Traffic police in regulating Parking and road traffic.
3) They should ensure that the place is not littered and shall maintain the surroundings clean.
4) They should maintain proper waste management and disposal mechanisms.
5) There should be proper lighting in and around the premises to ensure the safety of the Devotees.
6) They should put in place proper crowd management plans to effectively monitor and control the flow of devotees.
7) They should ensure that adequate precautions are taken with respect to Fire Safety.
8) They should have proper surveillance systems in the venue to ensure safety of the devotees.
9) They should cooperate with the Police Department to ensure the safety and security of the devotees.
10) They should ensure that basic medical facilities are arranged and ambulances are on standby to handle any kind of emergencies.
It is submitted that the Mahashivarathri Festival is properly regulated and monitored every year.
Therefore, I humbly pray before this Hon'ble Tribunal to consider this report and pass such further or any other orders that may be deemed fit and proper according to the circumstances of the case and thus render justice."
34. We have also received a status report submitted by the 9th respondent dated 30.09.2020 which reads as follows:-
"The above application came for hearing on 16.06.2020 and the Hon'ble Court directed the respondents namely the District [26] Collector, Coimbatore, District Forest Officer, Coimbatore Forest Division and the District Environmental Engineer, the Tamil Nadu Pollution Control Board, Coimbatore District to submit their independent reports regarding the steps taken by them by imposing conditions for conducting the function every year by that organization along with the minutes of the meeting that was convened in connection with these functions and also mention about the monitoring aspects before and after conduct of the function as to whether those conditions have been strictly implemented by the 11th respondent and if there is any violation found any action has been taken in this regard to avoid the same in future.
2) It is humbly submitted that every year the function is conducted by the institution on the Shivarathri nigh and the function extends up to next day morning. Thousands of devotees participate in the function every year. Regarding this a case was already filed by Thiru. Vetriselvan, Advocate (the petitioner herein) in the Hon'ble Court of Madras in W. P. No. 5885/2013 and the Hon'ble Court by order dated 08.03.2013 directed as follows:
"As the petitioner is apprehending danger to human beings and wild animals during Mahashivarathri celebrations to be held on 10th March, 2013, the petitioner is granted liberty to approach the respondents 6 (District Collector, Coimbatore District and 7 (Superintendent of Police, Coimbatore District, Coimbatore) making his grievance and if any such representation is given, respondents 6 & 7 shall ensure that no danger to human being and wild animals is happened."
3) It is submitted that immediately on receipt of the above order, the District Forest Officer, Coimbatore (8 th respondent in W.P. No. 5885 of 2013) issued a letter vide No.2438/2013/D1 dated 09.03.2012 to the Isha foundation (12 th respondent in W.P. No.5885/2013) imposing certain conditions for the protection of wild life and the public from any untoward incidents during the Shivarathiri festival on 10.03.2013 and 11.03.2013. Similarly the District Forest Officer (8th respondent in W.P. NO.5885 of 2013) addressed to the District Collector, Coimbatore (6th respondent in W.P. No.5885 of 2013) in D.O. letter No.D1/2438/2013 dated 09.03.2013 informing the letter sent to the Isha foundation with conditions to be adopted during the festival as per the orders of the Hon'ble High Court, Madras and also requested to take necessary action in the light of the direction of the Hon'ble High Court, Madras dated 08.03.2013.
The Aadhi Yogi Statue was constructed during 2017 and the Sivarathiri festival is conducted from 2010 onwards at this venue only.
[27]It is submitted that the District Forest Officer, Coimbatore is imposing the following conditions every year to the institution by way of letter from the forestry, wildlife point of view and for the protection of the devotees during the Maha sivarathiri festival.
The conditions are as follows:
i. The vehicles coming to the function shall not use the road through Mullangadu Check Post.
ii. No fire crackers should be used to celebrate the festival.
iii. Bright lights and high decibel amplifier and generator should be avoided.
iv. The people attending the function and volunteers of ISHA foundation shall not enter the adjacent Bolampatti Block II Reserved Forests at any cost. v. No kindling of fire shall be done which may escape adjacent Reserved Forests.
vi. The debris, Poly bags and food wastes should be prevented from spilling into the Reserved Forests. vii. Proper lighting shall be arranged in the Mahashivarathiri locations.
viii. Watch towers may be installed and 4 persons may be engaged for monitoring elephant movement. ix. Temporary solar power fence may be installed along the forest boundary.
x. Since, large crowd is expected during the Celebration, the public must be prevented from entering into Reserve Forests. Necessary preventive measures shall be taken to avoid damages to the public by the wildlife and also the wildlife by the public.
xi. The violators will be treated as Criminal trespassers.
They will be disqualified for any compensation for the damages suffered by them.
4) It is submitted that before the commencement of the function the above said letter imposing the conditions mentioned above will be sent to the institution by the District Forest Officer. On receipt of the copy of the letter, the concerned jurisdictional Forest Range Officer, Boluvampatti range will meet a responsible person of the institution and discuss about the preparatory works, precautionary measures etc., to be taken to implement the above mentioned conditions to the letter and spirit.
5) It is submitted that the following monitoring mechanism is adopted to ensure the implementation of the conditions during the function.
I. During the festival period the forest check post at Mullangadu is closed by the Forest Department and thereby no access is provided to the devotees through the check post to Isha [28] Institution to attend the festival. The devotees enter the institution which is 1.5 Kms away from Mullangadu check post.
II. It is observed that though the conditions is imposed, there is no practice of using fire crackers during the festival. III. The Aathi Yogi statue was constructed during 2017 and the Sivarathiri festival in conducted from 2010 onwards at this venue only. It is observed that usage of lights and sound had been limited only for the venue of the function and in other places bright and sound systems are not used. IV. This special team consisting of foresters, forest guards, forest watchers and anti-poaching watchers headed by Forest Range Officer, Bolampatty ensure that no individuals enter the reserved forest from venue of function.
V. It is observed that as per the condition imposed, there is no practice of litting fire during the festival. VI. It is the duty of the Institution to have proper waste collection mechanism. It is observed that there has been no incident of littering of the waste in the forest area during the past. VII. This condition is imposed considering the safety of the devotees in case of accidental stray of any wild animals. However, in the past no accidental case was reported and adequate lighting has been provided in the institution in the past for the safety of the devotees.
VIII. The institution is advised during the festival by the Forest Department in case of any movement of elephants in forest areas during that season and if need be watch and ward personnel need to be used by the institution as per the advice of the Forest Department.
IX. It is noticed that the Institution has a permanent solar fencing system which is being maintained properly.
X. The Forest Department monitors the movement of the devotees in the area and action taken then and there to prevent any wanton and accidental entry into the Reserved Forests. XI. So far, no untoward incidents of damages to life/property by wild animals are reported to have happened during this festival.
6) It is submitted that the festival was also conducted during February of 2020. It is submitted that it is seen from the records that no occurrence of any violation of any of the condition imposed had been reported. Hence, there is no incidence of taking any legal action.
It is humbly submitted that all effective measures have been taken to protect the forests, wildlife and the larger interest of the people.
[29]Therefore, I most humbly pray before this Hon'ble Tribunal to consider this report and pass such further or any other orders that may be deem fit and proper according to the circumstances of the case and thus render justice."
35. They also produced the conditions imposed by the District Forest Officer, Coimbatore during the Mahasivarathri function being conducted by the Isha Foundation as Annexure-1 which reads as follows:-
"Ref. No.2438/2013/D1 O/o. the District Forest Officer, Coimbatore Division, Coimbatore - 43.
Date: 12.02.2020.
Sub: Forests - Coimbatore Division - Bolampatti
Range - Preventive Measures during the
Mahasivarathri Conduct by the Isha
Foundation on 21.02.2020 and 22.02.2020 - Regarding.
-x-x-x-
In W.P. No.5885/2013 filed Thiru. Vetriselvan, Advocate the Hon'ble High Court Chennai through their order dated 08.03.2013 issued directions to ensure the safety of the public attending Mahasivarathiri celebrated by Isha foundation on 21.02.2020 and 22.02.2020.
2) Presently the Bolampatty Reserved Forests and surrounding areas are affected by sever drought and there is a paucity of fodder and water. The elephants traversing Siruvani - Bolampatty elephant passage while migrating for food and water to another habitat, stray out to the adjoining patta lands and villages causing damages to life and property of the people. In this juncture, the Mahasivarathiri is going to be celebrated by Isha Foundation on 21.02.2020 and 22.02.2020 to which lakhs of people are expected to attend.
To avoid any damages to the lives of the people attending Mahasivarathiri and also the lives of wildlife, the Isha Foundation is requested to take up the following precautionary measures.
1) The vehicles coming to the function shall not use the road through Mullangadu Check Post.
2) No fire crackers should be used to celebrate the festival.
3) Bright lights and high decibel amplifier and generator should be avoided.
[30]4) The people attending the function and volunteers of ISHA foundation shall not enter the adjacent Bolampatti Block II Reserved Forests at any cost.
5) No kindling of fire shall be done which may escape adjacent Reserved Forests.
6) The debris, Poly bags and food wastes should be prevented from spilling into the Reserved Forests.
7) Proper lighting shall be arranged in the Mahashivarathiri locations.
8) Watch towers may be installed and 4 persons may be engaged for monitoring elephant movement.
9) Temporary solar power fence may be installed along the forest boundary.
10) Since, large crowd is expected during the Celebration, the public must be prevented from entering into Reserve Forests. Necessary preventive measures shall be taken to avoid damages to the public by the wildlife and also the wildlife by the public.
11) The violators will be treated as Criminal trespassers. They will be disqualified for any compensation for the damages suffered by them.
Sd/- D. Venkatesh, District Forest Officer, Coimbatore Division.
To M/s. Isha Foundation, 15, Govindhasami Naidu layout, Singanallur, Coimbatore - 641 005.
Copy to the Forest Range Officer, Bolampatty for taking necessary follow up action.
/t.c.b.o./ Superintendent"
36. We have also received a further report submitted by the Tamil Nadu Pollution Control Board which was received on 29.10.2020 which reads as follows:-
"Report on M/s. Isha Foundations, Ikkarai Poluvampatty Village, Perur Taluk, Coimbatore District as per the orders of the Hon'ble National Green Tribunal (SZ), Chennai order in O.A. No.42 of 2017 dated 05.10.2020 Background The Hon'ble National Green Tribunal, Southern Zone, Chennai in the matter of O.A. No. 42 of 2017 by Thiru. M. Vetriselvan, Chennai Vs. M/s. Isha Foundation & Others is ordered on 06.10.2020 interalia that;[31]
"The Registry is directed to communicate this order to the District Collector, Coimbatore District, District Environmental Engineer and the Pollution Control Board to come with a detailed action plan for monitoring such things in future, to avoid complaints being coming from the public.
The above officials are directed to submit the respective reports before this Tribunal on or before 29.10.2020 by e-filing along with necessary hardcopies to be produced as per Rules."
Status of Compliance of Solid Waste Management Rules, 2016 M/s. Isha Foundation celebrates the Mahashivaratri function on a grand scale in every year. Under the provisions of Solid Waste Management Rules, 2016 the organizers have to comply with the following provisions. The current status of compliances, the gap and the suggestions to bridge the gap are furnished below.
Rule 4 (1) (a):
Every waste generator shall segregator and store the waste generated by them in three separate streams namely bio- degradable, non bio-degradable and domestic hazardous wastes in suitable bins and handover segregated wastes to authorized waste pickers or waste collectors as per the direction or notification by the local authority from time to time.
The 11th respondent, during the Mahasivarathiri celebrations, every year, is placing sufficient number of bins for three separate streams such as bio degradable, non- biodegradable and domestic hazardous waste in the venue each year during festival to prevent people from littering the area and also for the proper collection, segregation and disposal of waste. The bio-degradable wastes, so collected are composted into manure by the process of mulching. This was done by the 11th respondent in their compost yards by mixing the waste with cow dung and the manure obtained is disposed in their own farms. The non-degradable wastes, including the domestic hazardous waste are reportedly sent for recycling.
The measure already taken in generally considered to be adequate. However, it is recommended that the organizers shall furnish report on the quantity of each stream of waste generated and the agencies to whom such wastes are disposed to the concerned local bodies with a copy to a Tamil Nadu Pollution Control Board for reference and record. Further, it has to be ensured that the domestic hazardous wastes and the E-wastes, shall be disposed, only to the agencies/units which are authorized by Tamil Nadu Pollution Control Board, for their recycling/re- processing under the provisions of relevant Waste Management Rules.[32]
Rule 4 (1) (b):
Every waste generator shall wrap securely the used sanitary waste like diapers, sanitary pads etc. in the pouches provided by the manufacturers or brand owners of these products or in a suitable wrapping material as instructed by the local authorities and shall place the same in the bin meant for dry waste or non- biodegradable waste.
"The 11th respondent had provided separate bins for the collection of sanitary pads and diapers in the venue and reported that the used sanitary napkins and diapers are reportedly disposed through common biomedical waste treatment facility and the 11th respondent has entered into an agreement with the M/s. Kovai Bio Waste Management Pvt. Ltd. However, the 11 th respondent shall continue to comply with the standard operating procedure for the disposal of sanitary napkins/diapers as per the CPCB guidelines dated 06.08.2018.
Rule 4 (4):
No persons shall organize an event or gathering of more than one hundred persons at any unlicensed place without intimating the local body, at least three working days in advance and such person or the organizer of such event shall ensure segregation of waste at source and handing over of segregated waste to waste collector or agency as specified by the local body "The 11th respondent has obtained permission from the local body i.e. Ikkarai Pooluvapatti Panchayat vide letter dated 12.02.2020 regarding the disposal of solid waste on its own and disposed the bio degradable waste in its own premises and the non bio degradable waste is disposed through authorized recyclers as per the letter furnished by the M/s. Isha Foundation"
Rule 4 (7) All gated communities and institutions with more than 5,000 Sq.m. area shall within one year from the date of notification of these rules and in partnership with the local body, ensure segregation of waste at source by the generators as prescribed in these rules, facilitate collection of segregated waste in separate streams, handover recyclable material to either the authorized waste pickers or the authorized recyclers. The bio degradable waste can shall be processed, treated and disposed off through composting or bio methanization within the premises as far as possible. The residual waste shall be given to the waste collector or agency as directed by the local body.
"At present the 11th respondent is placing the sufficient number of bins for three separate streams such as bio degradable, non biodegradable and domestic hazardous waste in the venue [33] each year during festival to prevent people from littering the area and also for the proper collection, segregation and disposal of waste and the non bio degradable waste is disposed through authorized recyclers as per the agreement furnished by the M/s. Isha Foundation"
However, considering the magnitude of the event the 11 th respondent be directed to furnish the action plan for the safe collection and disposal of the solid waste generated before 15 days of the event, even though the Solid Waste Management Rules, 2016 prescribes only a three day's notice to the local body. So that the concerned local body shall evaluate the report and impose additional conditions, as decided by the local body. Tamil Nadu Pollution Control Board, would extend all technical support in evaluating the action plan, if warranted by the local body. Further, 11th respondent shall implementing the following:
To reserve a sufficient amount of waste bins To place the waste bins in visible areas and along significant places.
Even small amounts of hazardous waste should always be collected separately and separate volunteers should be provided.
Audio visual displays shall be provided for waste management to the devotees at various locations.
Waste Water Management (Sewarage disposal):
Further, 11th respondent has provided two Sewage Treatment Plants of capacity of 380 KLD & 220 KLD respectively in the premises for the treatment and disposal of sewage for the residents.
Mahashivarathiri events is a one day festival which starts 6.00 P.M. in the evening and ends up on the next day morning 06:00 A.M. During this event, the floating population will be very high. With regards to the waste water management the 11 th respondent has provided sufficient number of toilets and at present the disposal mechanism for the sewage water is taking place by providing sufficient number of soak pits in the venue.
However, to further reduce the impact, the 11 th respondent shall arrange for bio toilet / chemical toilet facilities in the venue with adequate capacity / numbers and the waste generated in these toilets, may be further treated in the existing sewage treatment plants, that are functional within their premises, to such quantities, the waste water could be treated without affecting the functionality/performance of those sewage treatment plants. The excess quantity shall be arranged to be transported and discharged into the Coimbatore Corporation existing common sewage treatment plants with permission from Coimbatore Corporation. The grey waste water arising from the hand [34] washing activities, shall be collected and used in their plantation or shall be disposed in the soak pit arrangements provided."
37. The 11th respondent filed rejoinder to the reports submitted by the Tamil Nadu Pollution Control Board received on 03.11.2020 which reads as follows:-
"The 11th respondent respectfully submits as follows:-
1) This respondent being arrayed as the 11th respondent in the above application has filed a detailed counter and a status report already before this Hon'ble Tribunal. This rejoinder is filed to clarify the report filed by the Tamil Nadu Pollution Control Board, the 10th respondent in so far as the manner in which solid waste is being disposed of by the 11 th respondent during the Mahashivaratri Festival.
2) It is submitted that this festival is famous in this area even prior to the formation of the Foundation due to the presence of Velliangiri Andavar Temple also known as Dakshin Kailash.
From time immemorial, a large number of pilgrims have been visiting Velliangiri hills during this festival. This Mahashivarathri festival had never been seen as any hindrance to the people and animals in the locality and there had never been any environmental concerns. As a matter of fact, lakhs and lakhs of people climb the Velliangiri Hills during Mahashivarathri. It is only seen as a divine calling and religious beliefs.
3) Isha Foundation has over the last 25 years implemented large scale environment restoration initiatives and it has been well recognized by the Government of India (Indira Gandhi Paryawaran Puraskar Award to Isha Foundation, in 2010 which is India's highest environment award by MoEF&CC) and the concerned UN bodies. It is therefore established that the respondent organization is not only committed to the protection and improvement of the environment but has undertaken a number of initiatives towards promoting this cause. So to say that Isha Foundation has acted against the cause of Environmental protection is far from the truth.
4) At the outset this 11th respondent would like to draw the attention of this Tribunal about the applicant's motive and in that context while one of his Writ petition was disposed, the Hon'bel Chief Justice of the High Court of Madras in order dated 12.03.2015, had categorically held as follows:-
".... Petitioner in an advance, who has filed a petition in public interest on the issue of construction of school. Moving an application appears to suggest ulterior motive. We, thus, dismiss the application misconceived."[35]
The applicant has filed several Writ Petitions against this respondent from the year 2013 onwards towards the same motive. In fact, the same applicant filed a writ petition vide W.P. No.2133/2015 before the Hon'ble Madras High Court as PIL and the same was dismissed with a direction to the petitioner to approach the concerned authorities for dressing his grievance.
5) It is submitted that since this Hon'ble Tribunal specifically mentioned in its order dated 05.10.2020 about the two issues, namely concerns on waste disposal and sound regulations, this respondent is responding to the same in the following manner:
a. Solid Waste Disposal /Management:
(i) All these years, this respondent foundation has been conducting the Mahashivarathiri festival with utmost care without causing any damage to the environment.
(ii) Planning and execution of tasks relating to Mahashivaratri is a mammoth exercise spanning over 4 months prior to Mahashivaratri, involving hundreds of volunteers. Isha Foundation is a volunteer run organization. These include highly educated and committed people who volunteer their services for the cause of the Foundation. Planning process of Mahashivaratri is high meticulous and comprehensive and nothing is let to chance. Tasks are divided into various processes and coordinated by separate Teams.
(iii) The land in which the festival is conducted is not forest lands but patta lands. This respondent has placed sufficient number of volunteers and laborer's during the festival time to oversee and collect the waste with the sufficient number of bins provided. The waste collected in the bins were segregated into bio degradable, non biodegradable and domestic hazardous wastes. The bio degradable waste used to be converted into manure by the process of mulching. This is being done by this respondent in their compost yards by mixing the waste with cow dung. The non biodegradable waste and domestic hazardous waste are disposed off through authorized dealers in an environmentally safe manner.
(iv) It is submitted that even in the report filed by the TNPCB they have mentioned that the foundation distributes free food for the volunteers and devotees in areca leaf plates.
Further, they have mentioned that the Solid Waste generated is disposed by the 11 th respondent by adopting scientific methods as per SWM Rules, 2016.
(v) Individual dustbins were placed on the pathways from Isha Yoga Centre to Program venue, and from program venue to parking. After individual dustbins get filled up, allocated volunteers/ sevadhars clear the full dustbins [36] into the tractor trailer. After the tractor trailers are filled, they are taken to the segregation yard.
a) Segregation Process:
1) Recyclable plastic
2) Non recyclable plastic
3) Water bottles
4) Paper
5) Areca nut plate
6) Food
7) Cardboard
8) Domestic hazardous waste
b) Mode of disposal
1) Plastic bottles
2) Recyclable plastic waste
3) Paper waste
4) Cardboard The above wastes were given to waste collection agents.
Non recyclable plastics, and domestic hazardous wastes are given to the Government authorized vendor/s.
Food waste: Food wastes are used for manure preparation.
Areca nut plates: All areca nut plates are powered with machine and mixed with cow rung and food waste (if any). This is used to prepare manure. It has multiple layers which is composted and used in the farms and gardens of the 11th respondent.
Manure bed preparation: Areca nut powered plates, cow dung, vegetable and food wastes are put in a layer one above the other.
(vi) Further the Pollution Control Board itself, after visiting the premises of the 11th respondent, Isha Foundation, has mentioned in its report that the 11th respondent has its own composting facility for the disposal of biodegradable waste generated in its premises.
(vii) Non biodegradable waste is segregated at source using Dustbins placed all around the venue. Volunteers are placed to guide / educate / ensure waste is not littered around the venue and cleanliness is maintained at all times during and after the festival. The waste is handled over to authorized vendors who deal with waste.
B. Noise Level Issue:
(i) The speakers are kept in the program venue only, which are kept few kilometers away from the forest boundary.
There are no speakers kept outside anywhere and there is absolutely no possibility of noise outside the festival venue [37] due to the speakers used by the 11th respondent for the festival.
(ii) Further, speakers used are not cone speakers but latest technology modern speakers which give better clarity and do not create any loud sound or noise. The speakers and the technology used give the best effect towards the stage and participants and does not travel with air and scatter all around the place.
(iii) The light and sound systems are set up for the facilitation of the visitors to the festival and keeping in mind not to cause any disturbance to the ecology of the place.
(iv) The sound system uses directional speakers which ensure that the sound is heard by the audience only and does not spread for and wide. Suffice it say that in addition to the same all mitigation measures as suggested by the respondent no.9 are being followed by respondent no.1 diligently. Further, there is no report from the regulatory authorities to the contrary.
(v) In the report filed by the 10th respondent, it is submitted that they are not aware on what basis these locations were chosen. In measurement readings submitted it shows that some locations are 500 mts, in some 150 mts, and in another it is 1km is taken as the point of measurement. Again for readings away from the source, the distance and place of measurement is not known. It is also not clear about how far away from the source and whether the sound is only from the premises of 11 th respondent.
(vi) As per the TNPCB report at few places it is recorded 80 dB readings at source. It is pertinent to note that these readings are taken at source and that there are other contributory factors viz. Crowd noise, vehicular noise etc. at these locations as stated supra. At the periphery of the public places, the noise levels are within the limits. From the report of the Pollution Control Board, it is evident that there are no adverse remarks in the report of the Pollution Control Board sine noise is instantaneous and the time duration for which the readings are taken into consideration at each location is also to be considered.
(vii) The 11th respondent is using line array directional speakers which emit sound only focused towards the audience. This is not like the typical cone speakers which emit sound in all directions. The sound emanating from the vent is contained and directed only towards the stage and audience.
(viii) It is also mentioned in the report that the movement of vehicles and pilgrims will be very high and that the police and forest officials regulate the pilgrims in this area on the way to Poondi Temple with the help of pubic [38] address system viz. Mega Phones which had contributed to the excess noise level.
(ix) On such occasion when the noise is due to the vehicular movement and crowed, these readings cannot be taken properly. In view of these circumstances it cannot be considered appropriate as the contribution of noise levels are from various factors. Further, it is normal that on the festive occasions there may be slight variations where there is an usual activity than the other days.
(x) It is submitted that TNPCB in its report has mentioned that this Hon'ble Tribunal by its order dated 16.06.2020 has extracted one of the prayer in the application which is as follows:-
"... One of the prayers in this application is to give some directions as to how such functions will have to be conducted and the nature of monitoring that will have to be done by the regulatory authorities for which we require the assistance of the regulatory authorities regarding the precautionary steps that have been taken by them while allowing such functions to be conducted in the compound of the 11th respondent."
But it is humbly submitted that there is no such prayer in the O.A. No.42 of 2017.
6) The 11th respondent states that every year at the time of the Mahashivarathri festival, the highest constitutional authorities viz. the Hon'ble Prime Minister of India, Hon'ble Vice President of India, and other State Dignitaries participate. Given the nature of function and the guests that Mahashivarathri attracts, planning and execution has always been carried out with the close coordination of the District functionaries such as District Collector, IG Police, Commissioner of the Police, Intelligence Department, Health Department, Forest Department, Environment Department, Local bodies and various other departments of the Govt. of Tamil Nadu. Further, the District Administration conducts meeting with all departments and officials in which the representatives of the 11th respondent also participate. The forest department issued guidelines which are strictly followed by the 11 th respondent and monitored by the authorities. All these years there has been cooperation from the 11th with other respondents to conduct the event smoothly. So far there were no untoward incidents that have happened at Mahashivarathri in all these years. As regards the Mahashivarathri function it is relevant to point out that the same is also celebrated by pilgrims climbing up the Velliangiri Hills at the same time to have a darshan of Velliangiri Aandavar (Lord Shiva), which is a tradition, belief followed in Hindu tradition throughout the world by venturing into abodes of Shiva. As already opined [39] by this Hon'ble Tribunal that the larger issue is pending disposal before the Hon'ble Madras High Court and on account of the dismissal of the earlier writ petitions to stop Mahashivarathri, this application deserves to be dismissed by this Tribunal. It is submitted that there is no merit in the contentions raised by the applicant and the same are false and denied. This application is neither maintainable in law nor on the facts hence is liable to be dismissed in limine.
Hence, it is, therefore, prayed that this Hon'ble Court may be pleased to dismiss the above application with exemplary cost and pass such other orders or orders as deemed proper and thus render justice.
Dated at Chennai on this the 28 th day of October, 2020."
38. They also produced certain photographs showing as to how the biodegradable waste is being collected and disposed of in their area in a scientific manner.
39. It is seen from the above reports that whenever the 11th respondent organization proposed to conduct any mega festival like Shivarathri and other functions, they are submitting application to the District Administration, Forest Department and Police Department etc. in accordance with law and necessary permissions are being granted to them every year imposing certain conditions.
Further, the applicant has filed several writ petitions before the Hon‟ble High Court and in those writ petitions, he moved Miscellaneous Application restraining the 11th respondent organization from conducting Sivarathri function but the Hon‟ble High Court has declined those prayers and directed the authorities to monitor those functions as to whether they are conducting the functions, after obtaining necessary permission required for such function. So under such circumstances, it is not proper for this Tribunal to completely restrain the 11th respondent organization from conducting Sivarathri function in their premises as required by the applicant. We have already mentioned in the earlier orders [40] that as regards the encroachment or unauthorised construction in the forest area, the matter is pending before the Hon‟ble High Court and it is for the Hon‟ble High Court to pass appropriate orders in those applications. We are only concerned with the environmental issues raised by the applicant regarding the conduct of Sivarathi function every year in the disputed area.
40. In one of the reports, the Tamil Nadu Pollution Control Board had mentioned that the sound level raised by using sound system inside the function hall in some areas, it exceeds the permissible limit. Being an international organization, we need not educate the office bearers of the 11th respondent organization regarding the impact of sound on human health. May be generation of sound for doing bajan creating vibration in those areas as part of the spiritual activity may be required. But they should not forget the fact that the impact of sound on human being, if they are subjected to sound level beyond the permissible limit for a longer period and also on the wild animal in that area.
41. The effect of sound on human health has been considered by the Hon‟ble Apex Court in Noise Pollution (V) in Re. with Civil Appeal No.3735/2005 (Forum, Prevention of Environmental & Sound Pollution Vs. Union of India & Anr.) reported in 2005 (5) SCC 733 and certain directions have been issued which reads as follows:-
"The noise level at the boundary of the public place, where loudspeakers or public address systems or any other noise source, including drums, tom-toms trumpets, bugles and the like is being used, shall not exceed 10 dB (A) above the ambient noise standards for the area or 75 dB (A), whichever is lower. No one shall beat a drum or tom-tom or blow a trumpet, bugle or the like or beat or sound any instrument or use any sound amplifier at night (between 10.00 P.M. and 6.00 A.M.) except in public emergencies.[41]
The peripheral noise level of privately owned sound systems shall not exceed by more than 5 dB (A) the ambient air quality standard specified for the area in which they are used at the boundary of the private place.
No horn should be allowed to be used at night (between 10.00 P.M. and 6.00 A.M.) in residential areas except in exceptional circumstances.
The States shall make provision for seizure and confiscation of loudspeakers, amplifiers and such other equipment as are found to be creating noise beyond the permissible limits.
The above said guidelines are issued in exercise of power conferred on the Supreme Court under Articles 141 and 142 of the Constitution. These would remain in force until modified by the Supreme Court or superseded by appropriate legislation."
42. The Hon‟ble Supreme Court also relied on the decisions of the same case in Church of God (Full Gospel) in India Vs. K.K.R. Majestic Colony Welfare Association 2000 (7) SCC 282 and held that, "114. The Supreme Court in Church of God (Full Gospel) in India Vs. K.K.R. Majestic Colony Welfare Assn. held that the Court may issue directions in respect of controlling noise pollution even if such noise was a direct result of and was connected with religious activities. It was further held: (SCC pp.285-86 & 291, Paras 2-3 &
14) "Undisputedly no religion prescribes that prayers should be performed by disturbing the peace of others nor does it preach that they should be through voice-amplifiers or beating of drums. In our view, in a civilized society in the name of religion, activities which disturb old or infirm persons, students or children having their sleep in the early hours or during day-time or other persons carrying on other activities cannot be permitted. It should not be forgotten that young babies in the neighbourhood are also entitled to enjoy their natural right of sleeping in a peaceful atmosphere. A student preparing for his examination is entitled to concentrate on his studies without their being any unnecessary disturbance by the neighbours. Similarly, old and infirm are entitled to enjoy reasonable quietness during their leisure hours without there being any nuisance of noise pollution. Aged, sick, people afflicted with psychic disturbances as well as children up to 6 years of age are considered to be very sensible to noise. Their rights are also required to be honoured.
Under the Environment Protection Act, 1986, rules for noise pollution level are framed which prescribe permissible limits of noise in residential, commercial, industrial areas or silence zone. The question is whether the appellant can be permitted to violate [42] the said provisions and add to the noise pollution? In our view, to claim such a right itself would be unjustifiable. In these days, the problem of noise pollution has become more serious with the increasing trend towards industrialization, urbanization and modernization and is having many evil effects including danger to the health. It may cause interruption of sleep, affect communication, loss of efficiency, hearing loss or deafness, high blood pressure, depression, irritability, fatigue, gastro-intestinal problems, allergy, distraction, mental stress and annoyance etc. This also affects animals alike. The extent of damage depends upon the duration and the intensity of noise. Sometimes it leads to serious law and order problem. Further, in an organized society, rights are related with duties towards others including neighbours.
..... because of urbanization or industrialization the noise pollution may in some area of a city/town might be exceeding permissible limits prescribed under the rules, but that would not be a ground for permitting others to increase the same by beating of drums or by use of voice amplifiers, loudspeakers or by such other musical instruments and, therefore, rules prescribing reasonable restrictions including the rules for the use of loudspeakers and voice amplifiers framed under the Madras Town Nuisance Act, 1889 and also the Noise Pollution (Regulation and Control) Rules, 2000 are required to be enforced."
43. The issue has been considered by the Principal Bench of National Green Tribunal, New Delhi in O.A. No.519/2016 (Hardeep Singh & Ors. Vs. SDMC & Ors.), O.A. No.496/2018 (Akhand Bharat Morcha Vs. Union of India & Ors.), O.A. No.196/2018 (Akhand Bharat Morcha Vs. Union of India & Ors.) and O.A. No.197/2018 (Akhand Bharat Morcha Vs. Union of India & Ors.) and issued directions to control noise pollution emitted by the sound system, including installing sound limiters in the system.
44. The Principal Bench of National Green Tribunal, New Delhi in O.A. No. 400 of 2017 (Westend Green Farms Society Vs. Union of India & Ors.), in respect of banquet halls and marriage halls where large congregation is expected and large scale waste water is likely to be generated, has held that they must provide necessary [43] Sewage Treatment Plants so as to treat the water before it is being discharged either into the ground or to the drain and they must also obtained necessary permission from the Pollution Control Board for that purpose.
45. If the 11th respondent organization is not having any Sewage Treatment Plant for treating the sewage generated in their area as they are not only conducting the mega festivals like Shivarathri but also having regular spiritual classes and other training programmes and there is likelihood of large number of persons attending such courses and possibility of generating waste water which will have to be treated scientifically before it was discharged either into the drain or to the ground to avoid soil as well as ground water pollution.
46. So, international organization like the 11th respondent is expected to make some scientific arrangement by which the sound level that is being generated by the sound system during the function has to be regulated within the permissible limit so that apart from creating spiritual vibration to enhance the energy level of the worshipers, the health of the people can also be protected.
47. So under such circumstances, we feel that the application can be disposed as follows:-
i. Whenever the 11th respondent proposes to conduct the functions like Sivarathri or other mega functions in their area of operation namely, disputed premises, they are directed to obtain necessary permissions from the District Administration, Police Department, Forest Department or from Pollution Control Board, if any [44] required, in accordance with law before starting the function.
ii. The District Administration, Police Department and the Forest Department are directed to give permission after imposing necessary conditions which are required for protecting the environment of the forest area and other environmental laws including compliance of the Noise Pollution (Regulation & Control) Rules, 2000.
iii. The District Administration, Police Department, Forest Department and the Tamil Nadu Pollution Control Board are directed to depute their officials during the time of conducting the function to supervise and monitor as to whether the conditions imposed by them while granting permission are being complied with and the Tamil Nadu Pollution Control Board is also directed to monitor as to whether while gatherings are being permitted, the waste (biodegradable and non biodegradable) generated are being dealt with by them in a scientific manner as provided under the Solid Waste Management Rules, 2016.
iv. If the authorities found that there were any violations, if any committed in complying with the conditions imposed or the Rules mentioned above, then they are directed to take appropriate action [45] against the 11th respondent for such violation in accordance with law.
v. The 11th respondent is directed to provide necessary sound limiters so as to avoid excess sound being emitted from the musical or sound systems that are being used beyond the permissible limit as has been observed by the Principal Bench of National Green Tribunal by common order dated 11.08.2020 in O.A. No.519/2016 (Hardeep Singh & Ors. Vs. SDMC & Ors.), O.A. No.496/2018 (Akhand Bharat Morcha Vs. Union of India & Ors.), O.A. No.196/2018 (Akhand Bharat Morcha Vs. Union of India & Ors.) and O.A. No.197/2018 (Akhand Bharat Morcha Vs. Union of India & Ors.) wherein what are all the things to be done by the organizations has been considered by the Principal Bench while using sound system in religious institution.
vi. If the 11th respondent is not having any Sewage Treatment Plant for treating the waste water generated, then they are directed to establish the same after getting necessary permission from the Pollution Control Board as has been held by the Principal Bench of National Green Tribunal, New Delhi in Original Application No.400 of 2017 (Westend Green Farms Society Vs. Union of India & Ors.).[46]
vii. Considering the circumstances, the parties are directed to bear their respective costs in the application.
48. With the above observations and directions, this application is disposed of.
................................J.M. (Justice K. Ramakrishnan) ............................E.M. (Shri. Saibal Dasgupta) O.A. No.42/2017, 09th November, 2020. Mn.
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