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2024 Supreme(Online)(NGT) 4016
NATIONAL GREEN TRIBUNAL PUNE (WESTERN ZONE BENCH)
DINESH KUMAR SINGH, J, 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 court mandated strict adherence to noise pollution regulations during public festivals, emphasizing the obligation of authorities to enforce compliance and implement monitoring mechanisms to safeguard public health.
Headnote:(A) Noise Pollution (Regulation and Control) Rules, 2000 - Directions issued to ensure compliance with noise level standards during Ganesh festival in Pune - Respondent authorities failed to regulate excessive noise levels from loudspeakers used in Ganesh celebrations, resulting in violations exceeding prescribed decibel limits - Order directing the State and Municipal authorities to enforce noise control measures, including cancellation of permissions for violators and implementation of monitoring systems - Urgent measures mandated to ensure public compliance with noise regulations and guidelines set forth by higher courts. (Paras 1-30)
(B) Environmental Protection Act, 1986 - Sections relevant to noise pollution control enforced through Noise Rules, 2000 - The State and Municipal authorities are obligated to execute the outlined noise control measures, ensuring adherence to ambient noise standards - It is essential that appropriate legal actions be taken against violators of noise regulations, including the seizure of loudspeakers and implementation of fine protocols. (Paras 6-27)
Facts of the case:
The applicant requested directions for strict enforcement of noise pollution regulations during the upcoming Ganesh festival, citing previous failures by authorities to monitor and control noise levels resulting in health hazards. The growing use of loudspeakers beyond permissible limits during the festival has necessitated urgent intervention.
Findings of Court:
The court found a lack of compliance with previous judicial directives regarding noise control, recognizing ongoing health hazards to the public due to excessive noise during festivals. Clear directives were established for enforcement of noise regulations and accountability of local authorities.
Issues: The primary issues included the non-compliance by Respondents with the Noise Rules and regulatory measures concerning the usage of loudspeakers during the Ganesh festival, including previous court orders not being enforced.
Ratio Decidendi: The court reiterated the necessity of strict adherence to noise regulations and the responsibility of state and local bodies to implement measures effectively, emphasizing that failure to do so poses a significant public health threat.
Result: Directions issued for immediate compliance within two months.
| Table of Content |
|---|
| 1. addressing noise pollution during ganesh festival (Para 1 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. disposal of the application with directions for compliance (Para 2 , 20 , 28 , 30) |
| 3. importance of compliance with previous court directions (Para 9 , 18 , 19) |
| 4. legal authority and responsibility of noise control (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 5. directives on noise monitoring and speaker regulations (Para 17 , 24 , 27) |
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 105.2 decibels on the final day of Ganesh festival at Laxmi Road, Pune. Noise levels in different parts of the city
