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2021 Supreme(Online)(NGT) 686

Item No.04:

BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No. 04 of 2021 (SZ)

(Through Video Conference)

IN THE MATTER OF Tribunal on its own motion-SUO MOTU based on the News item in Deccan Chronicle Newspaper, Edition Dated:

18.12.2020, “Noise pollution turns deathly in Hyderabad’s Residential areas.”

...Applicant(s)

Versus

1) The Principal Secretary to Government of Telangana Environment, Science & Technology, Telangana Secretariat, Hyderabad - 500022

2) The Chairman, Telangana Pollution Control Board A-3, Paryavaran Bhavan, Sanath Nagar Industrial Estate, Hyderabad, Telangana 500018

3) The District Collector Hyderabad District Nampally, No:5-8-505 Chirag Ali Lane, Abids Hyderabad, Telangana – 500001

4) The Metropolitan Commissioner Hyderabad Metropolitan Development Authority, Swarna Jayanti Complex, Sanjeeva Reddy Nagar Road, Ameerpet, Hyderabad - 500038 Telangana.

5) The Municipal Commissioner The Greater Hyderabad Municipal Corporation CC Complex Tank Bund Road, Lower Tank Bund, Hyderabad – 500 063.

6) The Commissioner of Police Hyderabad City, Basheerbagh, Hyderabad – 500004 Telangana.

...Respondent(s)

For Applicant(s): Suo Motu by Court.

For Respondent(s): Mrs. Renuka represented Mrs. H. Yasmeen Ali for R1, R3 & R6.

Mr. T. Sai Krishnan for R2 & R4.

Mr. D. Sreenivasan for R5.

Date of Judgment: 19th March, 2021.

CORAM HON’BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON’BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER

Advocates:
For the Petitioner: NONE
For the Respondent:

JUDGMENT

1. The above case has been Suo Motu registered by this Tribunal on the basis of the newspaper report published in Deccan Chronicle newspaper, Edition, dated 18.12.2020 under the caption “Noise pollution turns deathly in Hyderabad‟s residential areas”

2. It is alleged in the newspaper report that noise levels in Hyderabad’s residential areas have crossed the threshold limit set by the Central Pollution Control Board of 55 decibels during the day and 45 decibels at night. In December, the noise levels in residential hubs like Jubilee Hills and Tarnaka were recorded at 94.89 decibels and 101.28 decibels, respectively.

3. It is also mentioned in the report that this was due to the increased commercial activities across the residential zone, they were not sure as to whether any mechanism has been provided by the authorities to regulate the noise pollution in conformity with the standard provided in those areas.

4. On going through the allegations in the newspaper report, this Tribunal had satisfied that there arises a substantial question of environment. So, this Tribunal had admitted the matter and constituted a Joint Committee comprising of (1) the District Collector, Hyderabad District (2) a Senior Officer from Hyderabad Metropolitan Development Authority (HMDA) (3) The Municipal Commissioner of the Greater Hyderabad Municipal Corporation (4) The Commissioner of Police of Hyderabad City and (5) a Senior Officer from the Telangana State Pollution Control Board (TSPCB) as deputed by its Chairman to inspect the area in question and ascertain the noise level and also submit a factual as well as action taken report, if there is any violation found.

5. The committee was also directed to ascertain the mechanism that has been provided by the regulating authorities to prevent such noise pollution being caused in the city, what are all the mechanisms provided to implement the provision of Noise Pollution (Regulation & Control) Rules, 2000 in the city in tune with the directions given by the Principal Bench of National Green Tribunal, New Delhi in O.A. No. 519 of 2016 (Hardeep Singh and others Vs. SDMC & Ors.) and connected cases and what is the nature of action taken including prosecution or imposition of penalty against those persons who are violating the norms and doing certain things, against the provisions of Noise Pollution (Regulation &

Control) Rules, 2000.

6. They were also directed to provide an action plan for mitigating the situation and make the life of the people peaceful, so that necessary direction can be given to the authorities to implement the same so as to resolve the issue permanently.

7. The Commissioner of Police, Hyderabad City was designated as the nodal agency for co-ordination and also for providing necessary logistics for this purpose.

8. The case was originally posted to 26.02.2021 for the purpose of filing the report and also for appearance of parties and filing pleadings. On

26.02.2021, it was adjourned to today by notification.

9. When the matter came up for hearing today through Video Conference, Mrs. Renuka represented Mrs. H. Yasmeen Ali, the learned counsel appearing respondents 1, 3 & 6, Mr. T. Sai Krishnan represented respondents 2 & 4, Mr. D. Sreenivasan represented 5th respondent. So, service is complete.

10. We have received the reply statement submitted by the 6th respondent which reads as follows:-

“REPLY FILED BY THE 6th RESPONDENT I, Anjani Kumar, IPS, S/o Sri Arun Kumar, aged 54 years, working as Commissioner of Police, Hyderabad City hereby solemnly affirm and sincerely state as follows:-

1. I submit that, I am the Commissioner of Police, Hyderabad City and 6ft respondent herein and as such I am acquainted with the facts and circumstances in my official capacity.

2. I submit that in order to implement the Noise regulation and Control Policy of 2OO0 strictly, the following action plan was framed by the Joint Committee to control the noise levels in Residential areas of Hyderabad City, after elaborate

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