National Green Tribunal
Dr Kalyani Mandke vs State Of Maharashtra on 30 August, 2024
(Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
[Through Physical Hearing (with Hybrid Option)]
ORIGINAL APPLICATION NO. 174 OF 2024 (WZ)
Dr. Kalyani Mandke,
8, Sneh Avishkar,
72/1 Erandwane Sonumai Joshi Path,
Pune - 411 004 .... Applicant
Versus
01. The State of Maharashtra,
Through its Secretary,
Environment Department,
Room No.217, Mantralaya Annex,
Mumbai - 400 022
02. Office of District Collectorate of Pune,
Through the District Collector,
GVFC+9C7, Finance Rd, Agarkar Nagar,
Pune, Maharashtra 411 001
03. Maharashtra Pollution Control Board,
Through its Member Secretary,
Kalpataru Point, 3rd and 4th Floor,
Sion Circle, Mumbai - 400 022
04. Pune Municipal Corporation,
Through the Municipal Commissioner,
Shivajinagar, Pune - 411 005
05. Commissioner of Police, Pune City,
Office of the Commissioner of Police, Pune City,
Sadhu Vaswani Chowk,
Church Path, Agarkar Nagar,
Pune, Maharashtra - 411 001 ....Respondents
APPEARANCE :
Applicant : Mr. Maitrey P. Ghorpade, Advocate along with the applicant
Respondents : Ms. Swati Vaidya-Pandit, Advocate for R-2
Ms. Manasi Joshi, Advocate for R-3/MPCB
CORAM : HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
=================================================================
Reserved on : 29.08.2024
Pronounced on : 30.08.2024
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O.A. No.174 OF 2024(WZ) Page 1 of 23
JUDGMENT
1. This Original Application has been filed with the prayers that a direction be issued to the respondents to implement adequate noise control and monitoring measures during Ganesh festival to mitigate noise pollution in Pune city, including implementation of CPCB Compensation Regime; the District Collector, Pune be directed not to issue permission for over 1 pair of loud-speakers system per Ganesh Mandal/Ganesh Devotee group and not to issue permission in favour of established violators of the Noise Rules, 2000 and cancel permission if it is already issued to the violators; a direction may be issued to respondent No.4-PMC to cancel the license granted on temporary basis for the pandals to be set up for Ganesh Mandals, if found to be in violation of Noise Rules, 2000 and a direction may be issued to respondent No.3 - MPCB to release noise monitoring data collected and compiled during noise monitoring undertaken during Ganesh festivals from 2021 to 2023.
2. Looking to the urgency of the matter because Ganesh festival is going to commence from 07.09.2024, we had issued notices only to respondent No.2 - District Collector, Pune and respondent No.3 -
MPCB, who have put in their appearance through their respective counsel and who have submitted their reply-affidavits and we are dispensing notices to be issued to respondent No.1 - Secretary, Environment Department, State of Maharashtra, respondent No.4 -
Pune Municipal Corporation and respondent No.5 - Commissioner of Police, Pune City.
3. The facts of the case are that the applicant has described the decibel levels provided in Schedule appended to the Noise (Prevention and Control of Pollution) Rules, 2000 (hereinafter referred to as "Noise Rules, 2000), as follows :
O.A. No.174 OF 2024(WZ) Page 2 of 23 Zone Limits in db(A)
Day-Time Night-Time
Industrial area 75 70
Commercial area 65 55
Residential area 55 45
Silence Zone 50 40
4. It is stated in the application that above limits of decibel levels have been violated routinely by various private loud speakers/music systems, which comprise of multi-speaker set-ups installed during Ganesh festival. The respondent authorities have repeatedly failed in regulating such speaker systems and ensuring that the mandated noise levels are enforced. The chart, which has been provided by the applicant under paragraph 9 of the application, would show that during the years 2018-2020, there was complete absence of regulation of noise pollution in Pune city during Ganesh festival and that the authorities are unable to ensure compliance of the provisions of Rule 3(3) and Rule 4(2) of the Noise Rules, 2000, which are quoted herein-below:
"3(3) The State Government shall take measures for abatement of noise including noise emanating from vehicular movements, blowing of horns, bursting of sound emitting fire crackers, use of loud speakers of public address system and sound producing instruments and ensure that the existing noise levels do not exceed the ambient air quality standards specified under these rules.
4(2) The authority shall be responsible for the enforcement of noise pollution control measures and the due compliance of the ambient air quality standards in respect of noise."
5. Further it is submitted by the applicant that College of Engineering, Pune (COEP) has conducted an independent study by O.A. No.174 OF 2024(WZ) Page 3 of 23 the name "COEP Sound Level Report 2023" dated 29.08.2024, wherein it is observed that in 2023, Ganesh festivals celebrations have registered an average sound level of 105.2 decibels on the final day of Ganesh festival at Laxmi Road, Pune. Noise levels in different parts of the city have been noted in paragraph No. 14, all exceeding permissible limits of decibel levels.
6. It is further mentioned in the application that it is noticed that massive walls of loud-speakers are installed along roadsides and at road intersections by private Mandals and Ganesh Devotee groups, permissions for which are granted by the District Collector, Pune under Rule 5 of the Noise Rules, 2000. Besides that, various private loud-speakers are operated by Ganesh Mandals and Ganesh Devotee groups, including residential societies and they are routinely flouting the mandated ambient noise levels with impunity every year and yet, the authorities are continuing to accord permissions to use multiple loud speakers under Rule 5, which amounts to violation of the orders of the Hon‟ble High Court of Bombay. Reliance is place by the applicant on the Judgment dated 16.08.2016 delivered by the Hon‟ble High Court of Bombay in Public Interest Litigation (PIL) No.173 of 2010 (Dr. Mahesh Vijay Bedekar V. State of Maharashtra and Ors.), wherein following directions have been issued:
"i) All interim directions issued by this Court from time to time in Public Interest Litigation No.173 of 2010 and other Petitions in the group which are not inconsistent with this final judgment and order shall continue to operate notwithstanding disposal of these Petitions. We make it clear that as copies of the judgment which was dictated in open Court may not be available immediately considering length of the judgment, all concerned shall continue to be bound by all the interim directions which have not been specifically modified and therefore, all the authorities shall ensure that the said directions are complied with during the religious festival which are likely to be celebrated shortly;
ii) All concerned authorities shall ensure that a loudspeaker or a public address system shall not be used except after obtaining written permission from the authority contemplated by the Noise Pollution Rules in accordance with SubRule (1) of Rule O.A. No.174 OF 2024(WZ) Page 4 of 23 5 in addition to the license required to be obtained under the Rules, if any, framed under the Maharashtra Police Act of 1951;
iii) Appropriate redress mechanism shall be created by all concerned in all Municipal areas for receiving complaints in accordance with Rule 7 of the Noise Pollution Rules and also for reporting breach of other Rules in the Noise Pollution Rules. For the reasons which we have recorded above, the authority under the Noise Pollution Rules, the Police Officers and the licensing authorities under the said Act of 1951 are under an obligation to entertain every complaint alleging the breach of the Noise Pollution Rules including even anonymous complaints. Therefore, toll free number shall be provided by the State Government in every town or city having Municipal Corporation or Municipal Council to enable the authorities to receive complaints about the breaches of Rules in addition to usual and conventional modes.
A facility shall be also made available to submit complaint by email, by SMS and by Whatsapp message. A register shall be maintained of the complaints received on toll free number as well as by all other modes and a complaint number shall be provided to the complainants. The complaints register shall also incorporate actions taken on the basis of the complaints. Moreover, action taken report shall be displayed on the website of the District Collector/ Municipal Corporations. The complaints shall be also received on Telephone No.100. The State government shall comply with these directions within two months from today;
iv) On receiving information as provided in Sub-Rule (1) of Rule 8 of the Noise Pollution Rules, the authority concerned shall immediately apply its mind on the question of passing an order under SubRule (1) of Rule 8. The authority will have to also consider of immediately issuing an order of suspension of license/permission granted to use loudspeaker or public address system. Immediately, on receipt of a complaint in any form, Appropriate police officer shall be deputed to the concerned site with a necessary machine/equipment to test whether noise level exceeds the ambient noise standards. Even if Police receive a complaint, such officer shall be accordingly deputed. The officer shall immediately report to the authority to enable the authority to take action. If the police officer notices that public address system or loudspeaker is being used without license/permission, he shall forthwith ensure that the use of the loudspeaker or public address system is stopped. If the officer finds that the loudspeaker or public address system is used by the license holder during night hours on any day which is not specified in Sub-Rule (3) of Rule 5 of Noise Pollution Rules, the officer concerned shall immediately ensure that the use of loudspeaker or public address system is stopped. The police officer shall forthwith stop use of loudspeakers and public address systems in silence zones;
v) The State Government shall notify the names and addresses and all particulars such as contact numbers of the authorities under the Noise Pollution Rules and the Rules framed under the said Act of 1951 within the limits of all the Municipal O.A. No.174 OF 2024(WZ) Page 5 of 23 Corporations and Municipal Councils. Wide publicity shall be given to the said particulars in local newspapers, on local cable networks and on the website of the District Collector as well as the concerned Municipal Corporations. The same shall be displayed on the notice Boards of all the Ward Offices. We grant time of two months to the State to give such publicity;
vi) Wide publicity shall be given to the grievance redress mechanism in the manner provided in clause (iv) above before every major festival religious or otherwise;
vii) In addition to the mechanism as provided above, a citizen shall be entitled to lodge oral complaint about the breach of Noise Pollution Rules or Loud Speaker Rules framed in exercise of powers under Section 33 of the said Act of 1951 on telephone number 100. Immediate action shall be taken by the Police on the basis of such oral complaints. The State Government shall direct that the identity of complainants shall not be disclosed to the wrong doers or any other person even if the identity could be established from the telephone number from which complaint is received. We make it clear that anonymous complaints shall be entertained on the telephone number 100. On receiving complaints, a police officer shall immediately visit the spot and shall forthwith stop illegal use of public address system or loudspeaker or a musical instrument; viii) On receiving complaint in any form about the breach of Noise Pollution Rules, the Police Officer visiting the site shall record noise level by use of requisite meter which shall be recorded in a panchanama. Adequate number of Machines/equipment to measure noise level shall be always made available by the State. At present total 1853 meters shall be immediately provided. The meters shall be maintained properly and sufficient funds shall be allocated for repairs/maintenance of meters;
ix) Well in advance before the commencement of festivals such as Ganesh Utsav, Navratri and Dahi Handi, the Police Commissioners /District Magistrates/ Municipal Commissioners shall convene a meeting of all major organizations holding such functions and appraise them of the provisions of law and the consequences of breach of the provisions of law. Even the local political leaders shall be invited to attend the meetings along with members of Mohalla Committee, if any. The meetings shall be to impress upon everyone to abide by the Noise Pollution Rules and the relevant provisions of statutes concerning regulation of construction of temporary booths/pandals on streets;
x) We direct that the authorities under the Noise Pollution Rules and the authorities under the Rules relating to grant of licenses framed under the said Act of 1951 shall verify before the grant of license/ permission to use loudspeakers or public address systems whether the applicant has made any breach of any Rules or license conditions when similar license/ permission was earlier granted to such Applicant during particular festival at a particular place earlier. If it is found that the applicant has made any breach of any Rules or license conditions when license O.A. No.174 OF 2024(WZ) Page 6 of 23 was granted earlier, the authority shall be entitled to refuse the license/ permission;
xi) The State Government shall issue a direction to the authorities under the Noise Pollution Rules that they shall take all possible steps to ensure due compliance with the Noise Pollution Rules. The directions of this Court shall be communicated to all such authorities and all police stations within Municipal Corporation/Council limits. Compliance with these directions shall be made by the State Government within two months;
xii) We direct that the discretionary powers under the section 234 of the said Act of 1949 and Section 317 of the said Act of 1888 to grant permission to erect temporary booths or similar structures on streets(including footpaths/footways) for holding of festivals/ceremonies shall be exercised by the Commissioners subject to the law laid down by this Court in this Judgment and Order. We also direct the Municipal Corporations to take immediate action of demolition in respect of the temporary booths/ structures erected on public streets without obtaining the requisite permissions. Such action shall be taken even before the religious festivals/functions commence. We also direct that whenever such permissions are granted, a condition shall be incorporated therein of prominently displaying a copy of permission and the material particulars of such permission on the temporary booths or structures covered by Section 234 of the said Act of 1949 and Section 317 of the said Act of 1888. Any booth or pandal which does not display such permission shall be demolished/removed; xiii) While exercising the power under section 234 of the said Act of 1949 and Section 317 of the said Act of 1888, the Commissioners of the Municipal Corporations shall be bound to ensure that the fundamental right of citizens to have roads and footpaths and/or footways in a reasonable condition and free of obstructions which is guaranteed by Article 21 of the Constitution is not violated;
xiv) We direct the District Collectors of all the Districts in the State to constitute a team of Revenue Officers not below the rank of Tahsildars for each Municipal Corporation area. The members of the team shall regularly visit the areas within the limits of the Municipal Corporations for a period of 7 days before the date of commencement of the major religious festivals and during the festivals to ascertain whether any temporary booths/structures have been erected on public streets and footpaths/footways without obtaining permission of the Municipal Commissioners. Any such structure which does not display the the permission and material details thereof shall be deemed to be illegal. The members of the team shall be under an obligation to immediately bring to the notice of the concerned Municipal officers/designated officers, the temporary booths erected on streets and footpaths or footways without obtaining permission of the Commissioners or in breach of the conditions in permissions. The Municipal Authorities shall forthwith take action of removal on the basis of such information. Even the Municipal Corporations shall constitute a team of Officers who will carry out the same task O.A. No.174 OF 2024(WZ) Page 7 of 23 which is entrusted to the Revenue Officers as above. These directions shall be implemented immediately;
xv) We direct all the Municipal Corporations to create a grievance redress mechanism for receiving complaints as regards illegal pandals or booths erected on streets on par with the grievance redress mechanism ordered to be created for dealing with complaints regarding breach of the Noise Pollution Rules. The grievance redress mechanism shall be created for receiving complaints by all possible modes. The Municipal Corporations shall nominate officers in each Wards who shall be responsible for dealing with the complaints. Compliance with these directions shall be made within one month;
xvi) If any such illegal activities involve public nuisance covered by section 133 of the Code of Criminal Procedure, 1973, necessary action shall be taken in accordance with law by all the concerned authorities;
xvii) We make it clear that this Judgment and Order as well as the earlier orders shall apply to festivals/ceremonies of all the religions and sects. This Judgment and Order shall apply to the places of worship of all the religions;
xviii) We direct the State Government to issue directions to all the District Collectors and Municipal Corporations in the light of the law laid down by this Court in this Judgment and Order. Compliance shall be made within a period of two months from today;
xix) In the event, the Municipal Commissioners or the Municipal Staff or the members of the team constituted by the Collectors need police help and protection for the implementation of this Judgment and Order or the implementation of the provisions of law, on an application being made by them, all concerned local police station shall forthwith provide adequate police protection to them;
xx) Before every major religious or cultural festivals, the State and the Municipal Corporations shall give adequate publicity to the grievance redress mechanism available for filing Complaints regarding the breach of the Noise Pollution Rules and illegal pandals and booths on streets and footways. Adequate publicity shall be given to the availability of the grievance redress mechanism with all the particulars in leading daily news papers as well as on television channels. Detailed notices shall be put up as regards availability of the said mechanism in all police stations within the Corporation limits and in Ward Offices of the Municipal Corporations and in the offices of the Revenue Officers such as Divisional Commissioner, Collector, Additional Collector, Deputy Collector, Tahasildar etc.;
xxi) Whenever a complaint is received by the authority as regards violation of the Noise Pollution Rules, the same shall be forwarded to the Commissioner and/or the Superintendent of Police as the case may be with a view to enable the said O.A. No.174 OF 2024(WZ) Page 8 of 23 authority to take action under section 38 of the Maharashtra Police Act, 1951;
xxii) In case of any complaint received by the authority as regards noncompliance with the Noise Pollution Rules or breach of the Noise Pollution Rules, the concerned authority shall set criminal law in motion by taking recourse to clause (b) of Section 19 of the Environment Protection Act. If non-violation or breach is of a very serious nature, the authority shall bring the same to the notice of the District Collector or the Regional Officers of the Maharashtra Pollution Control Board who have been authorized by the Central Government under clause (a) of Section 19 of the Environment Protection Act so that criminal law can be set in motion by the said authorities. Needless to add that when such request is made by the authority under the Noise Pollution Rules, the Collector or the Regional Officers of the Maharashtra Pollution Control Board, as the case may be, shall take immediate steps to set criminal law in motion in accordance with law under clause (a) of Section 19 of the Environment Protection Act;
xxiii) As soon as a complaint is received by the Officer Incharge of Police Station regarding noncompliance of the violation of the Noise Pollution Rules, he shall immediately forward the same to the authority under the said Rules. On receiving a report from the Officer incharge of Police Station or on receiving a complaint or receiving information in any other manner, if rule 8 is attracted, the authority shall ensure that immediate order is passed under Rule 8;
xxiv) We direct the State Government to take action against the authorities constituted under the Noise Pollution Rules in the event of their failure to take prompt action as contemplated by Sub-Rule (2) of Rule 7 and Rule 8 of the Noise Pollution Rules as the failure on their part results in to violation of fundamental rights under Article 21 of the Constitution of India. The Municipal Corporation shall take action against the officers who fail to take immediate action of demolition of illegal booths/ pandals on streets. Allowing construction of illegal pandals/ booths on streets also violates the fundamental right of the citizens under Article 21 of the Constitution of India;
xxv) We direct the State Government to issue a direction to all the Planning Authorities requiring compliance with Sub-Rule (4) of Rule 3 while preparing development plans under the provisions of the Maharashtra Regional and Town Planning Act, 1966. As held earlier, under Sub-Rule (4) of Rule 3, all the Development Authorities and local authorities while planning development activity such as preparation of development plan shall take into consideration all aspects of noise pollution as a parameter of quality of life to avoid noise menace and to achieve the objective of maintaining the standards in respect of noise. Needless to add that while sanctioning a development plan and sanctioning a regional plan, the State Government will have to comply with Sub-Rule (4) of Rule 3 of the Noise Pollution Rules; xxvi) In the light of the mandatory requirement of Sub-Rule (4) of Rule 3, the State Government shall consider of undertaking O.A. No.174 OF 2024(WZ) Page 9 of 23 exercise of noise mapping in all major cities in the State as availability of data obtained by noise mapping will help all the concerned authorities to discharge their duties under SubRule (4) of Rule 3. We direct the State Government to take appropriate decision on this aspect within a period of two months from the date on which an authenticated copy of the Judgment and Order is produced by the Petitioners or parties to the Petition in the office of the Principal Secretary of the Environment Department of the State Government. While considering this issue, the State Government shall consider the material placed in support of Public Interest Litigation No.85 of 2007;
xxvii) All concerned authorities while considering the applications for grant of permission to erect helipads shall take into consideration, the statements made in the Affidavits filed in Public Interest Litigation No.85 of 2007 by on behalf of the Ministry of Environment and Forest of the Government of India; xxviii) The State Government shall take all measures in terms of Sub-Rule (3) of Rule 3 of Noise Pollution Rules including measures for abatement of noise including the noise emanating from the vehicular movement and noise emanating from construction activities. The measures proposed to be taken by the State Government in terms of Sub-Rule (3) of Rule 3 shall be placed on record by the State Government by filing Affidavit within a period of three months from today;
xxix) As pointed out earlier, while granting permissions for erection of pandals/temporary booths, a condition shall be imposed that loudspeakers or public address systems shall not be used without obtaining permission under Sub-Rule (1) Rule 5 of the Noise Pollution Rules. A further condition shall be imposed that hoardings, advertisement/banners/flexes etc shall not be displayed on the booths or in the vicinity of booths without obtaining express permission and no digging shall be made on streets, footpath or footway without obtaining a specific permission. A condition shall be also imposed of complying with the Noise Pollution Rules by specifying the prescribed noise levels as laid down in the Schedule;
xxx) As directed by the Apex Court, we direct the State Government to conduct public awareness programmes inviting attention to the members of the public to the Noise Pollution Rules and especially the adverse effects of the noise pollution not only on the human beings but on all living beings. As directed by the Apex Court, the State Government shall issue necessary directions, for holding such public awareness programmes especially in schools and colleges throughout the State so that students are educated on the adverse impact of sound pollution. Such public awareness programmes shall be conducted by the State for the benefit of the members of the public by taking cooperation of television channels, social media, FM channels etc. Such awareness programmes for the benefit of the citizens shall be frequently conducted especially before commencement of major religious and cultural festivals;
xxxi) The notification dated 31st July, 2013 issued by the State Government under Sub-Rule (3) of Rule 5 of the Noise O.A. No.174 OF 2024(WZ) Page 10 of 23 Pollution Rules is partly illegal as held in Clause (iv) of paragraph 93 above;
xxxii) The Commissioner of Police, Pune shall ensure that all the relevant complaints made by the Petitioner in PIL 161 of 2015 the copies of which are on record of the Petition are dealt with and action taken is communicated to her in writing in one month; xxxiii) The Applicants in Notice of Motion No.118 of 2010 shall make appropriate representation to the Railways about their grievances which shall be decided in accordance with law within a period of one month from the date on which the representation is made;
xxxiv) All Petitions and Applications/Notices of Motion stand disposed of in terms of the above directions. The reliefs which are not specifically granted shall be deemed to have been refused;
xxxv) Contempt notice issued in Public Interest litigation No.173 of 2010 shall remain pending which shall be placed on board for hearing on 4th October 2016 under the caption of "directions"; xxxvi) For the purposes of considering the implementation of the directions issued by this Court as regards festivals to be held in August and September 2016, the disposed of Petitions shall be listed on 4th October 2016 under the caption of "directions"; xxxvii) For complying with rest of the directions the time of three months has been granted, the Petitions shall be listed on 2nd December 2016 under the caption of "directions".
7. According to the applicant, the directions of the Hon‟ble High Court of Bombay, quoted above, have not been complied with so far, which is resulting in serious damage to the hearing and mental agony due to the loud sound created during Ganesh festival celebrations.
The applicant has pleaded adherence to the „Precautionary Principle‟ in the matter of regulating use of loud speakers during Ganesh festival and has prayed that there is requirement to evolve a protocol for effective control of noise pollution. The details are also given in paragraph No. 32 of the application that the Central Pollution Control Board (CPCB) has laid down Noise Pollution Compensation Regime, relevant extracts of which are as follows:
O.A. No.174 OF 2024(WZ) Page 11 of 23"O.A. No.174 OF 2024(WZ) Page 12 of 23
8. Citing the above, it is submitted by the applicant that the violators must be penalized through imposition of fine as well as seizure of loud speaker systems by the respondents in accordance with the above guidelines/compensation regime, which is not happening as of now. Hence the above prayers are made by the applicant.
9. This matter was first taken up by us on 21.08.2024 when the notices were directed to be issued only to respondent No.2- Office of District Collector Pune and respondent No.3-MPCB to apprise us as to what precautionary measures had been taken at their end to see that the noise level is under control.
10. From the side of respondent No.2- District Collector Pune, no detailed written reply has been filed, but the same has been submitted in the form of letter dated 29.08.2024 addressed to the register of this Tribunal, wherein it is recorded that the District Collector Pune has passed the order dated 14.02.2024, allowing time period for use of sound system from 06 AM to 12 PM (two hours exemption) for the upcoming Ganesh festival for 6 days including immersions day (details of days are 12.09.2024 to 17.09.2024) with certain terms and conditions regarding implementation of Noise Rules, 2000 and thereby fixed the responsibility on the local bodies, Police Department and MPCB to ensure that the said exemption in time period must be followed.
11. From the side of respondent No.3-MPCB through their affidavit dated 28.08.2024, a reference is made of PIL No.173 of 2010 filed by Mahesh Bedekar against State of Maharashtra and Ors (Supra) before the Hon‟ble High Court of Judicature at Bombay and from the Judgment dated 16.08.2016 delivered therein, paragraph Nos. 47, 68, 89 and 94(xxii) have been cited. It is further mentioned in the said affidavit that in para 47 of the said Judgment, it is O.A. No.174 OF 2024(WZ) Page 13 of 23 recorded that in view of the Government Notification No. S.O. 394(E) issued by the Government of India, the Chairman or the Member Secretary or the regional officer of Maharashtra Pollution Control Board have been authorized in terms of Clause (a) of Section 19 to file complaints. If such officers file complaints, they are not required to give notice of sixty days as provided in Clause (b) of Section 19. In the said Notification, even the Collector is authorized under Clause (a) of Section 19 to set the Criminal Law in motion. It is further stated that Para 68 of the said Judgment provides that the Noise Pollution Rules provide to ensure that as soon as a complaint is received from the Police Officer or otherwise regarding any major violation of the Noise Rules, immediate information thereof shall be provided to the Officers of the MPCB or the District Collector, who have been authorized under Clause (a) of Section 19 to take action. As soon as such information is received, the said Authority will take immediate steps to make a complaint contemplated under Section 19 of the Environment (Protection) Act 1986 ("EP Act", for short) and that it is not necessary for such Authority to follow the requirement of giving sixty days‟ notice Under Section 19.
12. It is further stated in the said affidavit that Para 89 of the said Judgment records that under Section 38 of the Maharashtra Police Act the power is conferred on the Commissioner of Police (CP) and Superintendent of Police (SP) to order prevention of music sound or noise. On receiving a complaint regarding such nuisance, the officer in charge of the concerned Police Station would immediately report to the CP or the SP to enable the said Authority to take immediate action under Section 38 of the Maharashtra Police Act.
13. Further it is stated that in the affidavit of respondent No.3 that it has been recorded in Para No.94(xxii) of the said Judgment that if any complaint is received by the Authority regarding non-compliance O.A. No.174 OF 2024(WZ) Page 14 of 23 of Noise Rules or breach thereof, the said Authority shall set Criminal Law into force under Clause (b) of Section 19 of the EP Act.
14. It is further mentioned in the affidavit of the answering respondent that it (MPCB), in exercise of its powers under Section 15 of the Air (Prevention and Control of Pollution) Act, 1981 and other enabling provisions under the EP Act, has authorized the Sub Regional Officers of the Board to exercise the powers of the Regional Officers under the Noise Rules, 2000.
15. Further it is mentioned in the said affidavit that in compliance with the orders of the Hon‟ble High Court and on the basis of noise monitoring done and Panchnama drawn by the concerned Police Officers, the answering respondent is filling criminal cases against the violators before various Courts under Section 15 of the EP Act read with the provisions of Noise Rules, 2000.
16. The above affidavit of respondent No.3-MPCB would show only the procedure which is meant to be adopted when violation of Noise Rules, 2000 is reported and how the cognizance would be taken as criminal case, has been described in this affidavit and nothing beyond that. Not even details have been given therein as to how many cases have been registered at their end and how many out of them have been proceeded with. For want of these statistics we cannot appreciate any concrete measures to have been taken by respondent No.3-MPCB to comply the Noise Rules, 2000. We find the reply by way of above affidavit submitted by respondent No.3-MPCB to be inadequate to meet out the reliefs claimed in the present Original Application.
17. From the side of the applicant few suggestions have also been extended in the form of written note submitted on 28.08.2024, wherein it is suggested as follows:
O.A. No.174 OF 2024(WZ) Page 15 of 23(i) "The Authorities may permit a maximum of 2 nos. of speakers with 80-100 Watts Power to each Ganesh Mandal or use of loud-speakers in public places.
(ii) Additional speakers should only be permitted in exceptional circumstances and the monitoring of such speakers must be in a series with a 20-feet distance between each speaker.
(iii) The MPCB must ensure close monitoring and control of Speaker Bass Levels.
(iv) Ganesh Mandals and other users of loud-speakers in public places must be directed to ensure that a 15-minute break is taken after every hour of music played.
(v) The authorities should ensure a restriction of two Dhol-
Tasha Units Per Mandal.
(vi) The Authorities must ensure limitation of 25 players per Dhol-Tasha Unit.
(vii) Additional regulation of Dhol Tasha must be ensured due to harmful low frequency vibration generated by such instruments."
18. We have heard the arguments of learned counsel for the parties who are present before us today and perused the record and gone through the Judgment of the Hon‟ble High Court of Bombay in PIL 173 of 2010 (supra) which has been relied upon by the applicant.
19. We find that the Hon‟ble High Court of Bombay in its Judgment in PIL 173 of 2010, referred to above, has extensively dealt with the Noise Pollution issue in generic terms and all the directions which have been issued therein and have been quoted by us above in paragraph No. 6 of this Judgment, would still be relevant and compliance thereof must have been ensured by all concerned by now, but it is being stated by the applicant that none of these directions have been fully complied with till date, which has resulted in huge noise pollution and causing the people to turn deaf and also in other ailments.
O.A. No.174 OF 2024(WZ) Page 16 of 2320. Besides repeating the directions issued by the Hon‟ble High Court of Bombay in PIL 173 of 2010 we deem it appropriate that we would be issuing separate directions on case specific basis.
21. We have tried to take assistance in respect of Scientific reasons from the renowned websites to ascertain as to how much wattage loud speakers should be allowed to be used and what should be the distance between the speakers, etc. We have tried to give reasons therefor in following manner:
As per https://www.toa.eu/service/soundcheck/calculations-with-
loudspeakers -
"Sound pressure level at a defined power If the sound pressure level is stated in dB, this information can be used in calculations. For instance, a loudspeaker datasheet provides us with information for the characteristic sound pressure level (1 W/1
m): 95 dB. This means that at 1 watt of power, the loudspeaker generates a sound pressure level of 95 dB at a distance of 1 meter. The following table indicates by how many decibels the sound pressure level of the loudspeakers increases at a given power.
Power 1 2 5 6 10 15 20 30 50 100 (W) Increase in the sound 0 3 7 8 10 12 13 15 17 20 pressure level (dB) The table shows that at 6 watts, you need to add 8 dB to the 95 dB. Consequently, at 6 watts of power we obtain 103 dB SPL at a distance of 1 metre. There is also a mathematical formula for this calculation that yields the same result.
p1 = pn + 10 x log (P) p1: Sound pressure level (dB) pn: Characteristic sound pressure level (dB) P: supplied power (W) Each doubling of power gives us an additional 3 dB of SPL. Sound pressure level at a defined distance O.A. No.174 OF 2024(WZ) Page 17 of 23 If you would like to calculate the sound pressure level produced by the loudspeaker not at a distance of 1 meter, but at e.g. 6 meters, there is a table/formula for this purpose as well.
Distance (m) 1 2 3 4 5 10 20 50 100
Decrease (dB
0 6 9.5 12 14 20 26 34 40
SPL)
Based on the same example, we will have to subtract an amount, corresponding to the distance, from the calculated figure of 103 dB. The reduction resulting from a distance of 5 metres from the loudspeakers is 14 dB - which corresponds to a sound pressure level of 89 dB. The formula for the calculation is as follows:
p = p1 - 20 x log (d) p: Sound pressure level at a defined distance (dB characteristic sound pressure) d: Distance (m) p1: Sound pressure level at a distance of 1 m With each doubling in distance, the sound pressure level drops by 6 dB SPL Sound pressure level at a given power and distance from the loudspeaker The formulas for sound pressure at a defined power and at a defi ned distance are combined. The sound pressure level at a given power and distance is calculated as follows:
p = pn + 10 x log (P) - 20 x log (d) p: Sound pressure level (dB SPL) pn: Characteristic sound pressure level of the loudspeaker (dB) d: Distance from the loudspeaker (m) (m) P: supplied power (W) Example: We want to install a loudspeaker in a room. The greatest distance to the audience is 8 m. The loudspeaker has a characteristic sound pressure level of 90 dB 1 W/1 m and an input power of 30 watts. How high is the sound pressure level at the maximum distance? Sound pressure level = 90 dB + 10 x log (30) - 20 x log (8) = 90 dB + 15 dB - 18 dB = 87 dB If you use the values from the two tables provided above (the distance O.A. No.174 OF 2024(WZ) Page 18 of 23 is composed of 4 m x 2m = 8 m, physical multiplication turns into addition of the decibel values) this yields:
Sound pressure level = 90 dB + 15 dB (at 30 watts) - 12 dB (at 4 m) - 6 dB (at 2 m) = 87 dB"
22. If more than one speaker is used then resultant noise level will be calculated as (https://www.wkcgroup.com/tools-room/logarithmic-addition-
sound-pressure-levels/) -
"Logarithmic Addition of Sound Levels In order to determine the resultant sound pressure level (SPL) of multiple sources the SPLs must be added logarithmically. This calculation assumes that the SPL of each source running in isolation is known at a given measurement point.
The total sound pressure level can be calculated using the following formula:
SPL Total = 10·LOG10[10SPL1/10 + 10SPL2/10 + 10SPL3/10 ... + 10SPLN/10] (dB) Where SPL1 to SPLN are the separate sound pressure levels, and N is the total number of separate noise levels."
23. We also attempted to find out Sound Power Level of popular speakers used in India from https://rajmusical.com/ahuja-srx-50dx-50-watts-pa-speaker-
system.html wherein we found following specifications for a 50 W speaker -
"The Ahuja SRX-50DX is a 50-watt PA speaker system with the following specifications:
Input power: 50 W max Power taps: 30/20/10 W at 100 V Configuration: One way Frequency response: 55-16,000 Hz Low frequency speaker: 2 x 8 in, Ø0.75 in voice coil SPL at (1 W/1 m): 96 dB Max. rated SPL: 113 dB Nominal impedance: 16 Ω / 333/500/1 kΩ Port: Sealed enclosure O.A. No.174 OF 2024(WZ) Page 19 of 23 Input connectors: Two terminal strips in parallel"
Dimensions: W325 × H585 × D240 mm or W325 × H605 × D240 mm"
For other models SPL is -
Ahuja Public Address Speaker system.
Max. Rated Sound Pressure
Level
Modal No Wattage Frequency
(SPL)
SRX-50 XT 50W 113 dB • 55-16000
Hz
SRX-50 OX 50W 113 dB 53-16000 Hz
SRX-120 100W 117 dB 53-20000 Hz
DXM
SRX-250 DXN 200W 123 dB 53-2000Hz
SRX-220 200W - 50-20000 Hz
SRX-200 200W 120 dB 50-20110 Hz
SRX-510 400W 127 dB 50-20000 Hz
SRX-500 400W 127 dB' 50-2000Hz
SRX-440 400W 126 dB 50-2000Hz
24. Based on above technical information, this Tribunal has worked out that typically for a 100 W speaker noise levels at various distances will be as follows -
Noise level reduction with Distance p = p1 - 20 x log (d) p: Sound pressure level at a defined distance (dB characteristic sound pressure), d: Distance (m) p1: Sound pressure level at a distance of 1 m Wattage p1 Distance, m Log D Noise Level Resultant Reduction, dB Noise Level, dB 100 117 5 0.69897 14 103 100 117 10 1 20 97 100 117 15 1.176091 24 93 100 117 20 1.30103 26 91 100 117 25 1.39794 28 89 100 117 30 1.477121 30 87 100 117 35 1.544068 31 86 O.A. No.174 OF 2024(WZ) Page 20 of 23 100 117 40 1.60206 32 85 100 117 45 1.653213 33 84 100 117 50 1.69897 34 83 100 117 55 1.740363 35 82 100 117 60 1.778151 36 81 100 117 65 1.812913 36 81 100 117 70 1.845098 37 80 100 117 75 1.875061 38 79 100 117 80 1.90309 38 79 100 117 85 1.929419 39 78 100 117 90 1.954243 39 78 100 117 95 1.977724 40 77 100 117 100 2 40 77
25. We are of the view that if single 100 W speaker is installed in a pendal then also noise level upto 85 dB will be there till distance of 40 m which is over 120 ft from the loudspeaker. The effect of installing 2 speakers of 50 W each will be almost the same as installing single speaker of 100 W as can be seen from Table below -
Noise Level Addition TotalSPL = 10·LOG[10^SPL1/10 + 10^SPL2/10 ] (dB) Speaker Wattage, SPL AntiLog Total AntiLog T SPL, No. P SPL dB 1 50 113 1.995E+11 2 50 113 1.995E+11 3.99052E+11 116
26. We are, therefore, of the view that total capacity of loud speakers in a pendal should be limited to 100 W unless pendal size is more than 40 m in length.
27. After having considered the submissions of the applicant and the directions of the Hon‟ble High Court of Bombay in its Judgment delivered in PIL No.173 of 2010 (supra), we are of the opinion that certain additional directions need to be issued by us and accordingly we issue the same as follows, which O.A. No.174 OF 2024(WZ) Page 21 of 23 shall be immediately implemented/followed for Ganesh festival in Pune this year onwards:
(I) MPCB shall carry out real time noise monitoring at minimum 3 locations in/near each Ganapati Pendal. MPCB shall ensure that noise levels of previous day both in numbers as also in graph alongwith applicable noise level limit are prominently displayed with name of Ganesh Mandal in each pendal at minimum 2 locations clearly visible to public. The said display will also have warning message "Noise Levels More than Noise Limits Are Injurious to Health". MPCB shall bear expenses of monitoring and display arrangements.
(II) During Visarjan processions MPCB shall carry out real time noise monitoring at major traffic junctions in consultation with Police Department, and also install digital display system of appropriate size and at appropriate location displaying real time noise levels along with applicable noise level limit during Visarjan processions.
The said display will also have warning message "Noise Levels More Than Noise Limits Are Injurious to Health". MPCB shall bear expenses of monitoring and display arrangements.
(III) Police department in consultation with MPCB shall decide Total Capacity of loud speakers (say maximum 100 W) allowed in the case of each Ganesh Mandal based on location, considering nearness to school/hospital/residential complexes. Ganesh Mandal will state number and capacity of individual speakers proposed to be installed so as to remain within total permitted capacity while seeking permission from the authorities. Police department in consultation with MPCB will have discretion of relaxing the total capacity limit based on location and size of Ganesh Pendal.
(IV) Police department to ensure that the total number of Dhol+Tasha+Zanj members in each troupe during Visarjan Procession shall not exceed 30 in number.
(V) In the case of violation of above directions, Police shall seize loudspeakers/sound system/ Dhol/Tasha/Zanj units.
(VI) Police Department shall notify that use of Toll (metallic high noise making unit) & DJ in Visarjan procession is prohibited. In the case O.A. No.174 OF 2024(WZ) Page 22 of 23 of violation, Police shall proceed in accordance with law against the defaulter/s.
(VII) In the case of violation of Noise Rules, Police shall set criminal law into motion.
(VIII) Within seven days of Visarjan day, MPCB shall publish the names of the violators of Noise Rules, 2000, in two local newspapers and also shall upload details of such cases on its website to ensure that such information is accessible to public use for 90 days.
(IX) It will be appropriate for respondent No.2-MPCB to give wide publicity of these directions as also harmful effect of high noise levels in advance before commencement of forthcoming Ganesh festival in Pune through newspaper/banners/posters etc so that the directions are adhered to by all concerned without pleading ignorance.
28. With above directions, we dispose of this Original Application.
29. If any of the parties to this Original Application, who have not been heard in this matter, has grievance in respect of this Judgment, it will be at liberty to approach this Tribunal for redressal of its grievance.
30. No order as to costs.
Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM August 30, 2024 O.A. No.174 OF 2024(WZ) npj O.A. No.174 OF 2024(WZ) Page 23 of 23