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Item No.09

Court No.1

BEFORE THE NATIONAL GREEN TRIBUNAL

EASTERN ZONE BENCH, KOLKATA

(THROUGH PHYSICAL HEARING WITH HYBRID MODE)

Original Application No.98/2022/EZ

In the Matter Of:

1.Amitabh Kejriwal

Son of Late Sudarshan Kumar Kejriwal,

Residing at the Premises No.45, Fazlul haque Sarani

(Jhawtala Road), Kolkata-700019.

Applicant(s)

Versus

1.State of West Bengal

Through the Secretary, Department of Environment,

5^th Floor, Pranisampad Bhawan,

Block-LB-II, Salt lake, Sector-III,

Bidhannagar, Kolkata-700106,

2.The West Bengal Pollution Control Board,

Paribesh Bhawan, 10A, Block-LA, Sector-III, Bidhannagar,

Kolkata-700106,

3.The Commissioner of Police,

Kolkata-18, Lalbazar Street, Kolkata-700001, West Bengal,

4.The Deputy Commissioner of Police, South East Division,

Kolkata, Park Court, 2. Syed Amir Ali Avenue,

Kolkata-700017,

5.The Officer-in-charge, Karaya Police Station, 52, Karaya Road,

Kolkata-700019

6.Dbar code Restro Bar and Club LLP.,

a limited liability partnership firm formed and/or

constituted under the Limited Liability Partnership Act, 2005,

with its registered officer at 45 Fazlul Huq Sarani, Kolkata-700019

Respondent(s)

Date of hearing: 18.01.2023

CORAM:

HON’BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER

HON’BLE PROF. A. SENTHIL VEL, EXPERT MEMBER

For Applicant(s)

:Mr. Rajesh Upadhyay, Advocate (in Virtual Mode)

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For Respondent(s) :Mr. Sudip Kr. Dutta, Adv. for R-1,3 to 5 (in Virtual Mode)

Mr. Dipanjan Ghosh, Advocate a/w

Mr. PrithwishBasu, Advocate for R-2,

Ms. Manika Roy, Advocate for R-6(in Virtual Mode)

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

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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 Café-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 café. 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 iss