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 Original Application.

5. The Tribunal, however, noted that the Order dated 26.04.2019 did not even mention as to what was the decibel level recorded by the inspecting team which carried out the inspection on 26.03.2019. Such an order on the face of it, is no order. The order dated

26.04.2019 is nothing more than a vague and generalized advisory which does not satisfy the complaint.

6. Affidavit dated 12.09.2022 has been filed by the Respondent No.5, Officer-in-charge, Karaya Police Station, Kolkata. It is stated that on 13.01.2021, he received a letter from one Md. Faizullah, Partner, that Impreza Kitchen & Restaurant LLP was running their business of CafØ-cum-Restuaurant styled as “Hit Wicket” from the first floor of 45, Jhowtala Road, Kolkata and it was alleged that the Respondent No.6 was playing music loudly from 7 P.M. to 1 A.M. every night which is disturbing the customers of their cafØ. It is stated that the police personnel from the Karaya Police Station visited the restaurant styled as “Tram Deppo” several times and at that time the representative of “Tram Deppo” produced ‘Consent to Operate’ dated 26.06.2019 issued by West Bengal Pollution Control Board.

7. The Applicant has filed supplementary-affidavit dated 14.10.2022 alleging that two officials of the Respondent No.2, West Bengal Pollution Control Board conducted a surprise visit at the M/s Dbar Code Restro Bar & Club of the Respondent No.6 at 7:35 P.M. on 21.09.2022 but it is alleged that since the inspection was conducted at 7:35P.M., the noise test level would not be correct and the inspection should be conducted at the relevant period of time particularly on weekends and holidays.

8. The West Bengal Pollution Control Board has filed affidavit dated

02.11.2022. Along with this affidavit an inspection report of an inspection of the premises in question carried out on 21.09.2022 has been filed. The Observations and Remarks in the Inspection Report read as under:-

“Observations:

The unit M/s Tram Deepo Restro Bar & club is a restaurant with a bar and a night club facility having seating capacity 120 heads approx. During the inspection, the unit was in operation occupancy about 65 persons. The unit is located on the 2^nd floor of a (G+3) storied building and Mr. Amitabh Kejriwal, a complainant, resides on the 3^rd floor of the building. The ground floor of the said building is occupied by AU Bank, Yes Bank and Computer wizard (Shop). There is a Restaurant & Hookah Bar under the name of Hit Wicket at a portion of 1^st floor and the remaining portion occupied by AU Bank. It is found that all the floors except the 3^rd floor are used for commercial purposes. The unit consists of two rooms. In the right-hand room there are 5 no ordinary boxes and, in the left-hand room, 04 ordinary & 02 woofer boxes are us