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2024 Supreme(Online)(NGT) 1453
NATIONAL GREEN TRIBUNAL PUNE (WESTERN ZONE BENCH)
HON’BLE MR. DINESH KUMAR SINGH, J, HON’BLE DR. VIJAY KULKARNI, ACJ
Dr. Kalyani Mandke – Appellant
Versus
The State of Maharashtra – Respondent
ORIGINAL APPLICATION NO. 174 OF 2024 (WZ)
For the Appellants/Petitioners: Mr. Maitrey P. Ghorpade
For the Respondents: Ms. Swati Vaidya-Pandit, Ms. Manasi Joshi
The Tribunal mandated compliance with noise regulations during festivals, emphasizing the authority's responsibility to enforce noise control measures and take punitive actions against violators to protect public health.
Headnote:(A) Noise Pollution (Prevention and Control of Pollution) Rules, 2000 - Adequate measures ordered to control noise during Ganesh festivals - Directions issued to restrict loudspeakers usage per Mandal, monitor noise levels, and implement CPCB Compensation Regime - Importance of compliance emphasized to protect public health. (Paras 1, 27)
(B) Environmental Protection Act, 1986 - Section 19 - Authority to take action for non-compliance recognized - Criminal action proposed against violators. (Para 24)
(C) Public Interest Litigation No. 173 of 2010 - Contempt proceedings noted regarding past non-compliance of noise regulations. (Paras 6, 19)
Facts of the case:
The applicant, concerned about noise pollution during Ganesh festivals, highlighted continued violations of Noise Rules and inadequate actions by authorities, leading to grave public health concerns.
Findings of Court:
The Tribunal issued specific and immediate measures for adhering to noise regulations during upcoming festivals in Pune, emphasizing effective enforcement to safeguard citizens' rights to a peaceful environment.
Issues: The main issues addressed included the implementation of noise control measures, compliance enforcement, and accountability of authorities in regulating noise pollution.
Ratio Decidendi: The court articulated the necessity of compliance with established noise levels and the response of authorities, underscoring previous judgments obligating officials to enforce the law effectively.
Result: Original Application disposed with directives for compliance.
| Table of Content |
|---|
| 1. noise pollution control measures during festivals. (Para 1 , 3 , 5) |
| 2. violation of noise rules and need for enforcement. (Para 6 , 7 , 8) |
| 3. responsiveness of authorities to noise complaints. (Para 9 , 10 , 17) |
| 4. legal framework for noise pollution enforcement. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 5. judicial reflection on ongoing compliance issues. (Para 18 , 20) |
| 6. scientific analysis of noise levels and regulations. (Para 21 , 22 , 23 , 24 , 25) |
| 7. directive for immediate compliance and arrangements. (Para 27 , 28 , 29) |
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 :
| 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 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
