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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
| 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
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