Environmental protection regulations mandate that venues conducting commercial activities must obtain proper permits to operate, specifically concerning noise and air quality, to prevent harm to local communities and ecosystems.

ORDER

1. Rana Iqbal Singh Jolly, Smt. Seema Jolly, Ms. Vandana Chauhan, Sh. Manjit Lakhmana, Sh. Ravinder Pal Singh Gill, Sh. Jagjit Singh, Sh. Pawan Kumar, Sh. Gurbachan Singh and Karan Singh Jolly, nine applicants filed this Original Application (hereinafter referred to as ‘OA’ being aggrieved by noise and air pollution caused by ‘Hermitage’ (Marriage Palace), Village Karoran, near Punjab Engineering College, Mohali, Nayagaon, Punjab (hereinafter referred to as ‘respondent 8’) due to use of loudspeakers, bright lights and firecrackers etc.

2. Applicants stated that they are all residents of Village Karoran, SAS Nagar, Mohali for the past three decades and their residences are located at the periphery of the forest area. As per census 2011, population of village is about 2000. Many applicants are senior citizens.

3. Respondent 8 in 2018 started an open air marriage venue in Village Karoran which is located at the periphery of forest area and shares boundary walls with the residences of some of the applicants. During the function of marriage etc., loud noise is caused due to large gatherings, blowing loud music on loudspeakers and air is also polluted due to use of firecrackers throughout the night as well as in early mornings. In the premises of respondent 8, lavish and wide festive parties are organized where DJs play loud music. Attendees create loud cheers and shouting under the influence of liquor at the marriage palace which can be heard at late night/early morning hours. These events and activities not only immensely disturbed the village residents by making it almost impossible to sleep at night, lead a peaceful life and also adversely affected biodiversity of the adjacent forest area. On multiple occasions, villagers and applicants met the management and owners of respondent 8 with request to discontinue their activities but of no consequences. Time and again, management and owners of respondent 8, though, extended assurances that they will discontinue their activities but same continued unabatedly.

4. Applicants and other residents of village also approached concerned authorities complaining about noise and air pollution but they also did not take any appropriate action. Applicants addressed representation dated 07.12.2022 to Punjab State Pollution Control Board (respondent 2); Deputy Commissioner, SAS Nagar, Mohali (respondent 3); Senior Superintendent of Police, SAS Nagar, Mohali (respondent 4); Director General of Police, Punjab (respondent 5); Greater Mohali Development Area Authority (respondent 6); and Department of Forests and Wildlife Preservation (respondent 7) requesting them to take action against air /noise pollution caused by respondent 8 by carrying out its activities of creating noise and air pollution but no action has been taken by any of the authority. Activities of respondent 8 disturbed the wildlife also in forest area due to loud music, bright lights and fire crackers and sometime also caused accidents of wild animals with the passing vehicles.

5. Compliant was considered by Tribunal on 14.03.2020 and after being prima-facie satisfied that a substantial question relating to environment has arisen out of implementation of the enactments specified in Scheduled 1 of National Green Tribunal Act , 2010 (hereinafter referred to as ‘NGT, Act, 2010’), notices were issued to respondents, requiring them to file their responses. Tribunal found it appropriate to constitute a joint committee to verify factual position of the area and the activities going at the place in question having concern to the environment and constituted a joint committee comprising representatives of Central Pollution Control Board (hereinafter referred to ’PCB’); Punjab State Pollution Control Board (hereinafter referred to as ‘PSPCB’) and District Magistrate, Mohali.

6. Joint committee was required to submit its report within two months.

7. Joint committee submitted its report through Environmental Engineer, PSPCB vide letter dated 29.05.