The Tribunal correctly limited industrial operation hours to mitigate sound pollution, recognizing the importance of citizens' health and rights.

1. The petitioner is aggrieved by Ext.P11 order of the National Green Tribunal, Southern Zone, Chennai, whereby the petitioner has been restrained from operating the Industrial Unit from 10.00 p.m. to 06.00 a.m.

2. The petitioner is an incorporated Company engaged in the business of manufacturing of Poly Propylene woven Sacks. The petitioner is running the Industrial Unit after obtaining all requisite statutory licences including Consent to Operate from the Kerala State Pollution Control Board. While so, the 4th respondent filed O.A. No.262/2020 before the National Green Tribunal alleging that the petitioner's Unit causes grave sound pollution.

3. The petitioner appeared before the Tribunal and filed a detailed reply. The petitioner submitted that the 4th respondent is an imposter. The Certificate issued by the Pollution Control Board would show that the sound level in the industrial premises is 62.7 dB(A) which is within the permissible limit. The Pollution Control Board had required the petitioner to take certain additional steps, which were taken. At the instance of the Tribunal, the Board conducted a further inspection and it was found that the Unit is satisfying sound levels prescribed by the Noise Pollution (Regulation and Control) Rules , 2000. However, the Tribunal passed orders restraining the petitioner from operating the Unit from 10.00 p.m. to 06.00 a.m.

4. The counsel for the petitioner argued that the finding of the Tribunal that the O.A. is maintainable is wrong. There was no prayer for restraining the operation of the Industrial Unit during night time. The petitioner was not put to notice about the intention of the Tribunal to impose such restraint. R.7 of the Rules provides that a person can file a complaint only if noise level exceeds the ambient noise standard by 10 dB(A). The ambient air quality standards for the area is 55 dB and 45 dB during day and night time respectively. The noise level of the petitioner's Unit has not exceeded 65/55 dB. The petitioner's Industrial Unit is functioning after obtaining all statutory Licences / Permits / Consents. Hence, the order of the Tribunal is illegal and unsustainable, argued the counsel for the petitioner.

5. I have heard the learned counsel for the petitioner, the learned Standing Counsel for the 1st respondent - Kerala State Pollution Control Board, the learned Senior Government Pleader appearing for the 2nd respondent, the learned Deputy Solicitor General of India appearing for the 3rd respondent - Union of India and the learned counsel appearing for the 4th respondent.

6. The fact that the petitioner holds all requisite statutory Licences, Permits and Consents to run the manufacturing industry for production of Poly Propylene, is evident. The dispute relates to the sound pollution being generated by the petitioner's Industrial Unit.

7. The National Green Tribunal noted that the ambient air quality that is permissible is 55 dB(A) in the day time and 45 dB(A) in the night time. In any case, the noise level shall not exceed 10 dB(A) above the ambient noise standards for the area or 75 dB(A) whichever is lower. The Tribunal noted that in Farhad K. Wadia v. Union of India and others [(2009) 2 SCC 442], the Hon'ble Apex Court has held that the interference by the Court in respect of noise pollution is premised on the basis that a citizen has certain rights being “necessity of silence”, “necessity of sleep”, “process during sleep” and “rest”, which are biological necessities and essential for health.

8. The Tribunal also referred to the judgments of the Hon'ble Apex Court in In Re: Ramlila Maidan Incident [ (2012) 5 SCC 1 ], In Re: Noise Pollution [ (2005) 5 SCC 733 ], In Re: Noise Pollutio