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PRESENT:

Justice A.S. Naidu (Acting Chairperson) Dr. G.K. Pandey (Expert Member) Dated:18th December, 2012 A Public Interest Litigation (PIL) was filed by the Supreme Court Group Housing Society and Indian Foreign Service Group Housing Society in the Hon'ble High Court of Delhi and was registered as (W.P.(C) No.1185/2011). The said Writ Petition was transferred to the National Green Tribunal on 23rd November, 2011 by consent of parties for adjudication and disposal. The main issue raised in the petition is pertaining to the noise pollution caused due to use of loud speakers, DJ systems, Music Systems, public address system etc. during weddings, receptions, parties and other functions arranged in the premises of "All India Panchayat Parishad" situated in a strategic point of the Housing Societies thereby violating the terms of allotment of the said premises. It is averred that All India Panchayat Parishad had let out the adjacent land for marriages, parties etc., which are held almost every day in the year 2010 and even thereafter. The noise emanating from the loud speakers, musical systems, DJ sets, etc. disturbs and affects the residents living in the area, from the commencement of the function until past midnight. The noise produced affects the health and disturbs the sleep of the residents more particularly infants and aged people and also deprives children from concentrating in their studies and preparing for tests and examination.

2. We are conscious of the facts that noise pollution not only causes annoyance, but also leads to significant adverse health impacts like rise of blood pressure, hearing impairment, neurological disorders etc. Children are most susceptible to noise pollution which may slow down the process of development of their mental capacity. As noise has been regarded as a pollutant, the Ministry of Environment and Forests has brought out Noise Pollution (Regulations and Control) Rules 2000 under the provision of the Environment (Protection) Act, 1986. These rules provide for ambient quality standards in respect of noise for different areas / zones as specified in the schedule annexed to the Rule. Relevant portion of the Rules is quoted here in below:

3. As per the laid down procedure, any person requiring to use loud speaker or public address system is required to take prior permission from the concerned Authority (Police), and the use should be prohibited between 10.00 pm to 6.00 am. In spite of the existing provisions and the procedures laid down, it is alleged that the All India Panchayat Parishad has been letting out its premises for various purposes including weddings, and other functions wherein loudspeakers / music systems are used till late nights without taking proper permission from the concerned Authority thereby causing noise pollution affecting the inhabitants of the locality. Besides loud-speakers and music systems, heavy duty electricity generator is also installed which causes not only noise pollution but also poses air pollution problems. In addition to the activities mentioned above, bursting of loud fire crackers during marriage ceremonies and other functions also add to the noise pollution problems. It is alleged in the petition, that in spite of repeated complaints to the police, no action is taken to stop the nuisance of noise pollution emanating from the use of loudspeakers, music systems and other sources.

b) To assist the area SDM in survey of the religious places causing noise pollution and provide necessary infrastructure to remove noise causing instruments and gadgets.
c) To provide full support to the executing agencies as and when required.
v) Actions to be taken by the Office of the Deputy Commissioner:
a) SDMs to hear the cases and file prosecutions.
b) SDMs to complete survey of religious places causing noise pollution and take steps to remove such installations.