ORDER

1. This Original Application (herein after referred to as ‘OA’) under Section 14, 15 and 20 of National Green Tribunal Act, 2010 (herein after referred to as ‘NGT Act, 2010’) has been preferred by one Mr. Anil Mehta, resident of 2 Kharan Kuwa, New Bhopal Pura, Udaipur, State of Rajasthan, alleging that there is a water body/wetland i.e. Fatehsagar Lake at Udaipur, ecology whereof is being damaged on account of noise pollution in violation of Noise (Regulation and Control) Rules, 2000 (herein after referred to as ‘Noise Pollution Rules 2000’) as amended from time to time; due to unauthorised encroachment; by developing residential complexes in close proximity of the said wetland and also on account of light pollution by use of high intensity light in vicinity of wetland at various commercial complexes like hotels etc. It is also said that there is a notified wildlife sanctuary i.e. Sajjangarh Wildlife Sanctuary, in respect whereof an Eco-Sensitive Zone has also been notified and partially part of Fatehsagar Lake wetland falls in the Eco- Sensitive Zone of Sajjangarh Wildlife Sanctuary, and activities prohibited in Eco Sensitive Zone cannot be allowed in such area.

2. This Tribunal noticed the complaint raised by applicant in its order dated 06.01.2023 and found it appropriate to obtain a factual report by constituting a Joint Committee comprising:

i. One Representative from MoEF&CC

ii. One representative from Secretary, Environment, Rajasthan

iii. Collector, Udaipur, Rajasthan 

iv. One representative from Rajasthan State Wetland Authority

v. One representative from Udaipur Municipal Corporation

vi. One representative from Rajasthan State Pollution Control Board

3. The committee has submitted report, (uploaded on 28.03.2023) after visiting site on 09.02.2023. It has discussed various provisions of Noise Pollution Rules 2000, as amended from time to time, and in particular amendment notification dated 10.08.2017 and has noted down the criteria to make a complaint to authority in respect of noise pollution, action taken by Rajasthan State Pollution Control Board (hereinafter referred to as ‘RSPCB’) with regard to noise complaints and also its own recommendations. The relevant extract of Committee’s report reads as under:

“Existing Rules and Decisions in this matter:-

1. As per Rule No. 4 (2) of Noise Pollution (Regulation and Control Amendments Rules, 2017. 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 and definition of authority:-

"Authority" means and includes any authority or officer authorised by the Central Government, or as the case may be, the State Government in accordance with the laws in force and includes a District Magistrate, Police Commissioner, or any other officer not below the rank of the Deputy Superintendent of Police designated for the maintenance of the ambient air quality standards in respect of noise under any law for the time being in force.

2. Also Hon’ble National Green Tribunal, Principal Bench, Delhi in the Original Application No. 681/2018 (CZ) titled as News item published in "The Times of India" Authored by Shri Vishwa Mohan Titled "NCAP with multiple timelines to clean air in 102 cities to be released around August 15" passed an order on dated 15.03.2019; interalia reproduced as follows:-

"The State PCBs may undertake noise level monitoring in conjunction with the Police Department and take remedial action. The Police Departments of all the States/UTs may obtain the noise monitoring devices within a period of three months.

The Police Department of all the State/UTs may also train their staff regarding the use of such devices and develop a robust protocol for taking appropriate action against the defaulters".

3. Criteria for making Noise Complaints as described under Noise Rules:-

Copy of The Noise Pollution (Regulation and Control) Rules 2000 (As amended till 10.08.2017 vide $.O. 2555 (E