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Showing contexts for: causing noise pollution in Dinesh Singla vs Ajay Goel on 17 May, 2024Matching Fragments
9. This Tribunal also observed that as per report of the Joint Committee noise level outside the premises of the respondent no.5's unit was 82.5 dB(A) when the unit was not in operation as against the maximum prescribed noise levels of 75 dB(A) during day time and 70 dB(A) during night prescribed for industrial area and there were also other variations beyond prescribed limits on other parameters. The source/causes of noise pollution in the area deserved to be looked into and there was an urgent necessity of taking appropriate remedial measures for abatement of noise pollution in the area. Accordingly, Respondents No. 2 to 5 were directed by above said order to look into the source/causes of noise pollution and take appropriate remedial measures and specifically mention in their reply/response by them action taken.
(i) Whether the application has been filed by the applicants malafide and is not maintainable?
(ii) Whether the industry is causing air pollution Air Pollution as alleged by the applicants?
(iii) Whether the industry is causing noise pollution as alleged by the applicants?
(iv) If the answer to (ii) or (iii) or both be in affirmative, then what remedial measures are required to be taken and by whom?
21. Our findings on the above mentioned environmental questions along-with reasons for the same are given hereunder.
31. HSPCB is directed to carry out monitoring and inspections of respondent no. 5's unit at regular intervals so as to keep a continuous vigil for ensuring that no air and noise pollution is caused by the same.
(iii) Whether the industry is causing noise pollution as alleged by the applicants?
32. The Joint Committee visited the on 17.12.2022 and carried out Ambient noise monitoring at site and found noise levels as under:-
Location of monitoring Noise Level (in Noise Level (in dB/A) while unit in dB/A) operation while unit not in operation Inside the premises of 78.3 73.7 Respondnet unit Outside the premise of 82.8 82.5 Respondnet Unit (at entry gate) Inside the premise / 75.3 73.5 godown of complainant's brother ; (adjoining left side) Inside the house of other 76.1 73.2 complainant Sh. Oaal Chand (adjoining back side)
36. In view of the above this question is answered in the negative that respondent no.5's unit is not causing noise pollution as alleged by the applicant.
(iv) If the answer to (ii) or (iii) or both be in affirmative, then what remedial measures are required to be taken and by whom? O.A. No. 701/2022 Dinesh Singla & Ors. Vs. Ajay Goel & Ors.
37. Since answers to (ii) and (iii) are in the negative, no intervention by this Tribunal for issuance of directions other than directions mentioned above for implementation of the suggestions given by the Amicus Curiae is warranted.