Disposed

News Item Titled "Nawabganj Bird Sanctuary Not (Bird,S) Paradise Lost Yet But Solace Becoming a Casuality" Appearing in the Hindustan Times Dated 25.12.2023 vs

NGT3 Apr 2024Original Application No. 117/2024

Case brief

AI extract

What is this about?

The National Green Tribunal disposed of an suo moto application concerning noise pollution at Nawabganj Bird Sanctuary. The Tribunal directed UPPCB to take remedial and punitive action against violators and file a report.

What did the court decide?

Directed UPPCB to take remedial and punitive action against violators and file an action taken report within three months.

News Item Titled "Nawabganj Bird Sanctuary Not (Bird,S)… — Environment and Pollution | NGT (2024)

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Court No. 1

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Item No.14

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 117/2024

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News item titled "Nawabganj Bird Sanctuary Not (bird’s) paradise lost yet but solace becoming a casualty" appearing in The Hindustan Times dated 25.12.2023

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Date of hearing: 03.04.2024

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER

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Applicant: None appeared Respondent: Mr. Bhanwar Pal Singh Jadon, Adv. for R - 1, 2 & 5 Mr. Amit Shukla & Mr. Deva Shukla, Advs. for UPPCB (R - 3)

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ORDER

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This original application, registered suo moto , concerned with the issue of noise pollution affecting Nawabganj Bird Sanctuary on account of increased highway traffic and construction activities. Such pollution is adversely affecting the eco system including birds in the sanctuary.

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Report dated 01.04.2024 on behalf of Conservator of Forests, UP has been filed enclosing therewith notification dated 28.09.2019 declaring Shaheed Chandra Shekhar Azad (Nawabganj) Bird Sanctuary as eco sensitive zone. Report of the Conservator of Forests, UP in sum and substance states that there is no violation.

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UPPCB has filed a separate report on 22.03.2024, noticing the violation in respect of noise pollution norms. Conclusion of the UPPCB in this regard as under:-

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“4. That as per the Ambient Noise Monitoring Report the noise level were found higher than the prescribed standards at 04 locations (03 locations were within the premises of the Nawabganj Bird Sanctuary & 01 at outside the Bird Sanctuary) and the noise level were found within the prescribed standards at 02 locations (01 location is within

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the premises of the Nawabganj Bird Sanctuary & 01 at outside the Nawabganj Bird Sanctuary).

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5. That as per the Ambient Air quality monitoring report the parameters were found within the prescribed standards.

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6. That as per the Ambient Air Quality Monitoring Report the Ambient Air Quality at Police Chauki near the Nawabganj Bird Sanctuary w.r.t PM10 was found 101.73 micro gram/ cubic meter which is slightly higher than the prescribed standards of 100 micro gram / cubic meter. At Van Vibhag Guest House near the Nawabganj Bird Sanctuary the Ambient Air Quality was found within the prescribed standards w.r.t PM10, SO2 & NO2.”

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Once, UPPCB has found that noise level was higher than the prescribed standards in certain areas. Responsibility lies with UPPCB to find out the source of such noise pollution and take remedial action including punitive action against the violators.

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Learned Counsel appearing for UPPCB has submitted that now remedial and punitive action will be taken. Hence, original application is disposed of, directing the UPPCB to take appropriate remedial and punitive action against the violators and file action taken report before Registrar General of the Tribunal within three months. If found necessary, the matter will be listed before the Bench for consideration.

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Original application is accordingly disposed of.

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Prakash Shrivastava, CP

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Sudhir Agarwal, JM

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Dr. A. Senthil Vel, EM

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April 03, 2024 Original Application No. 117/2024 JG.

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News Item Titled "Nawabganj Bird Sanctuary Not (Bird,S) Paradise Lost Yet But Solace Becoming a Casuality" Appearing in the Hindustan Times Dated 25.12.2023 vs

Case brief

What is this about?

What did the court decide?

News Item Titled "Nawabganj Bird Sanctuary Not (Bird,S) Paradise Lost Yet But Solace Becoming a Casuality" Appearing in the Hindustan Times Dated 25.12.2023 vs

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

Coram

Case details

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