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2024 Supreme(Online)(NGT) 5463
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
Gautam Prakash – Appellant
Versus
Seventeen Degree Hotel Company Pvt. Ltd – Respondent
Original Application No. 74/2023/EZ
Important Points
Subject
Environmental Law - Pollution Control
Act Referred
Water (Prevention and Control of Pollution) Act, 1972
Air (Prevention and Control of Pollution) Act, 1981
Headnote
(B) Limitation - Continuous wrong like ongoing noise pollution from equipment operation constitutes fresh cause of action each day - Application filed years after commencement not time-barred. (Para 14)
Facts of the case:
Applicant residing adjacent to commercial complex complained of high noise from four large-capacity air conditioner outdoor units and diesel generator sets of hotel/restaurant unit installed on western wall, 10 meters away, operating late into night. Initial inspection confirmed noise excess, lack of consents, and multiple contributing units in complex. Unit shifted two units inside, removed remaining, but monitoring showed marginal exceedance.
Findings of Court:
Original Application disposed directing Pollution Control Board to determine and recover environmental compensation from unit for operating without CTE/CTO since 2018 and for noise exceedance, after notice and hearing, within two months.
Issues: Whether operation without pollution consents attracts compensation from commencement date; whether noise levels violated residential limits; applicability of limitation to continuous noise pollution.
Ratio Decidendi: Court held operating without statutory consents from 2018 violates pollution laws warranting compensation; noise measurements confirmed exceedance despite partial mitigation; rejected limitation plea as continuous violation; deferred excess noise action to Pollution Control Board.
Result: Original Application disposed with directions.
For the Applicant(s): Gautam Prakash
For the Respondent(s): Ashwini Kumar Beotra, Sibojyoti Chakraborty, Dev Aaryan
| Table of Content |
|---|
| 1. ac units cause excessive noise pollution (Para 2 , 3 , 4) |
| 2. inspections confirm noise exceedance and non-compliance (Para 5 , 6 , 9 , 10 , 15 , 16) |
| 3. partial mitigation attempted but insufficient (Para 7 , 8 , 11 , 12 , 18) |
| 4. continuous noise violation not time-barred (Para 13 , 14) |
| 5. evidence proves noise levels exceed residential limits (Para 17 , 19 , 20 , 21 , 22) |
| 6. impose environmental compensation for violations (Para 23 , 24 , 25) |
ORDER
1. Mr. Gautam Prakash, the Applicant in person, is present (in Virtual Mode).
2. The allegation of the Applicant in the present Original Application is that the Respondent No.1, M/s Seventeen Degree Hotel Company Pvt. Ltd., has installed four Air Conditioners in its premises on the side facing the Applicant’s house, each of which has a capacity of 8.5 tonnes or more. It is stated that the outdoor units of the said Air Conditioners are installed on the face of the western wall of the City Centre, each of which is at a distance of just about 10 meters from the Applicant’s house. The air conditioners are stated to be operational for most part of the day and continue to operate till late hours in the night, well beyond 10 P.M. and these Air Conditioners are alleged to make an unbearable high pitched noise, causing inconvenience and jeopardizing the mental and physical health of the residents of the Applicant’s house.
3. It is further stated that on a complaint made by the Applicant on 02.12.2020 to the the Jharkhand State Pollution Control Board, an enquiry was undertaken by the team of officials of the State Board and the team recorded its findings against the establishment of the Respondent No.1. The Noise Level Report of the Jharkhand State Pollution Control Board has been filed as Annexure-A5 (page 24) to the Original Application.
4. The contention of the Applicant is that noise level value is much higher than the prescribed limit for a commercial area. Photographs of the premises have also been filed as Annexure-A3 (page 22-23) to the Original Application.
5. Affidavit dated 28.07.2023 has been filed by the Jharkhand State Pollution Control Board, Respondent No.2, bringing on record an Inspection Report of an inspection carried out on 26.07.2023 which reads as under:-
“Inspection Report of M/s Seventeen Degree Hotel Company Pvt. Ltd. in the light of direction issued by Hon’ble NGT in O.A. No.- 74/2023/EZ in the matter of Gautam Prakash Vs M/s Seventeen Degree Hotel Company Pvt. Ltd. & Anr.
In the light of HQ letter Ref. No. B.1790 Ranchi, Dated: 18.07.2023 regarding compliance of direction issued by the Hon’ble NGT Eastern Zone Bench in order Dated: o7/07/2023 in O.A. No. 74/2023/EZ, M/s Seventeen Degree Hotel Company Pvt. Ltd. was inspected on 26.07.2023 by Sri Ram Pravesh Kumar, Regional Officer along with Sri Ashotosh Anand, Consulting Executive, Sri Subodh Kumar Singh, Assistant Scientific Officer & Sri Abhay Kumar Singh, Sample Taker, Regional Office Dhanbad.
During the inspection Sri Gautam Singh, Manager of M/s Seventeen Degree Hotel Company Pvt. Ltd. was present at the Hotel and Sri Suresh Chaudhary, Father of complainant Sri Gautam Prakash was present at the complain site which is his residential House.
During the inspection M/s Seventeen Degree Hotel Company Pvt.Ltd. was found in operation and following observation were made:-
1. M/s Seventeen Degree Hotel Company Pvt. Ltd. is having a restaurant with seating capacity – 51 seats. One Bar of seating Capacity -26 and one banquet hall of capacity -50 Person inside City Center Residential-cum-Commercial complex.
2. M/s Seventeen Degree Hotel Company Pvt. Ltd. has not obtained any Consent to Establish and Consent to operate from the State Pollution Control Board and also the Person Present could not provide any relevant document regarding consent.
3. Fresh water is being supplied by management of City Center Complex and the waste water discharge is also done in the common drain of City Center Complex by the Unit.
4. The City C
