ORDER

1. Mr. Rajesh Upadhyay, learned Counsel is present (in Virtual Mode)

on behalf of the Applicant.

2. Reply affidavit dated 13.01.2023 has been filed on behalf of the Applicant; the same is taken on record.

3. This Original Application has been filed by the Applicant on the allegation that the Respondent No.6, Dbar Code Restro Bar and Club LLP., which is operating a Disco, Bar-cum-Restaurant and Hookah Bar in the name and style of “Tram Deepo” is playing loud music in the premises of entire second floor portion of Premises No.45, Fazlul Huq Sarani (Jhawtala Road), Kolkata-700019, in violation of the Noise (Pollution and Control) Rules, 2000 (hereinafter referred to as the Rules, 2000).

4. It is alleged that earlier also there were proceedings against the Respondent No.6 in which an order was passed on 26.04.2019, by West Bengal Pollution Control Board, directing the Respondent No.6, on the basis on an inspection carried out on 26.03.2019, to operate the sound level within permissible limit and operate its music system inside acoustically enclosed room only so that the noise may not travel outside the Restaurant. Copy of the order has been filed as Annexure-E (Page No.64) to the Orig