Disposed

Mrs Tamanna Maini v. the State of Punjab through the Principal Secretary of Local Government Department

NGT2 Aug 2024Original Application No. 299/2023

Case brief

AI extract

What is this about?

This judgment disposed of an original application filed by a private resident alleging noise pollution, traffic jam, and illegal parking caused by a hotel in a residential area. Finding a lack of specific violation details, the National Green Tribunal directed local authorities to implement existing noise norms.

What did the court decide?

Directing District Magistrate, Senior Superintendent of Police/SP, Ludhiana to take all requisite steps for implementation of Noise Pollution Rules, 2000 and comply with Punjab and Haryana High Court

Mrs Tamanna Maini vs the State of Punjab through the… — Writ and Judicial Review | NGT (2024)

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Item No.03

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Court No. 2

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No.299/2023

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Mrs. Tamanna Maini Applicant

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Versus

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State of Punjab through Principal Secretary of Local Government Department Respondent

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Date of hearing: 02.08.2024

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CORAM: HON’BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant(s): Mr. Sahil Verma, Advocate for Applicant (through VC) Respondent(s): Mr. Ankit Siwach, Proxy Counsel for respondent no. 2-MC Ludhiana (through VC) Ms. Sunieta Ojha, Advocate for respondent no. 3-PPCB (through VC)

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ORDER

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The present Original Application (hereinafter referred to as ’ OA ’) under Sections 14 and 15 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘ NGT Act, 2010 ’) has been registered at the instance of Mrs. Tamanna Maini-applicant who has complained that there is a hotel M/s Grand Silver Spoon which is operating in residential area causing noise pollution, traffic jam allowing, illegal parking due to marriages and other functions allowed to be hosted in the hotel. Violation

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of Master-plan and other violations are mentioned in Original Application as also alleged cutting of two trees illegally but details are lacking.

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Neither the period when tree were allegedly illegally cut nor the specifications of kinds of trees are given. It is therefore, difficult to ascertain, whether alleged cutting of trees was in respect of exempted category or protected.

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However, we find, that complaint is substantially against alleged violation of Noise Pollution (Regulation and Control) Rules, 2000 (hereinafter referred to as ‘Noise Pollution Rules, 2000’ ).

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Learned Counsel for applicant stated that in this regard it does made complaint to Punjab Pollution Control Board but no action has been taken.

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Reply has been filed by Punjab Pollution Control Board (hereinafter referred to as ‘PPCB’ ) vide email dated 08.08.2023, wherein it is pointed out that issue relating to effective implementation of the provisions of law to control noise pollution was considered by Punjab and Haryana High Court at Chandigarh in a bunch of writ petitions led by Writ Petition

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No.6213 of 2016,ReetMohinder Singh vs. State of Punjab and Others .After referring to Noise Pollution Rules, 2000 and Supreme Court’s judgment in Forum Prevention of Environment & Sound Pollution Vs. Unionof India and Anr. AIR 2005 SC-3136 High Court

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has decided writ petition vide judgment dated 22.07.2019 issuing following directions:

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“28. Accordingly, the writ petitions are disposed of with the following mandatory directions:-

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i) The States of Punjab, Haryana and Union Territory, Chandigarh are directed to ensure that no loudspeaker or

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public address system shall be used by any person including religious bodies in Temples, Mosques and Gurudwaras without written permission of the authority even during day time, that too, by getting an undertaking that the noise level shall not exceed more than 10dB(A) peripheral noise level.

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ii) The States of Punjab, Haryana and Union Territory, Chandigarh are directed to ensure that the loudspeaker, public address system, musical instrument and sound amplifier are not played during night time except in auditoria, conference rooms, community halls, banquet halls as per norms laid down under the Noise Pollution (Regulation and Control) Rules, 2000.

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iii) The States of Punjab, Haryana and Union Territory, Chandigarh are directed to ensure that loud speakers or public address systems are not used between 10.00 p.m. to 6.00 a.m., except between 10.00 p.m. to 12.00 midnight during any cultural or religious festive occasion of a limited duration not exceeding 15 days in all during a calendar year, that too, the noise level shall not exceed 10dB(A) above the ambient noise standards for the area. The peripheral noise level of a privately owned sound system or a sound producing instrument shall not, at the boundary of the private place, exceed by more than 5dB

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(A). The authority concerned shall keep on visiting and monitoring at the public places, private places, auditoriums, conference rooms, community halls, banquet halls, temples, mosques and Gurudwaras to ensure due compliance of the Rules.

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iv) We direct all the Senior Superintendents of Police/ Superintendents of Police in the States of Punjab, Haryana and Union Territory, Chandigarh to ensure that no horn shall be blown in silence zone or during the night time between 10.00 p.m. to 06.00 a.m. in residential areas except during public emergency. No sound emitting construction equipments shall be used or operated during the night time between 10.00 p.m. to 06.00 a.m. in residential areas or silence zone. m. The pressure horns are banned throughout the States of Punjab, Haryana and Union Territory, Chandigarh. The violators of the Rules be penalized under the Rule 6 of the Noise Pollution (Regulation and Control) Rules, 2000.

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v) All the Senior Superintendents of Police/ Superintendents of Police and Deputy Superintendent of Police in the States of Punjab, Haryana and Union Territory, Chandigarh are directed to ensure that motorcycles throughout the States of Punjab,

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Haryana and Union Territory, Chandigarh are duly fitted with silencers to avoid noise pollution and menace.

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vi) No person, throughout the States of Punjab, Hayana and Union Territory, Chandigarh, shall carry any fire-arm to a fair, religious procession/ marriage procession or other public assemblage or within the campus or precincts of any educational institution.

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vii) The Licensing Authorities are also directed to ensure that no licence is issued to any person, who has not completed the age of 21 years.

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viii) No licence shall be issued to a person who has been sentenced on conviction of any offence involving violence or moral turpitude to imprisonment for [any term] at any time during a period of five years.

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ix) No licence shall be issued to a person who has been ordered to execute under Chapter VIII of the [code of Criminal Procedure, 1973 (2 of 1974)], a bond for keeping the peace or for good behaviour, during the term of the bond.

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x) The Director General of Police in the States of Punjab, Haryana and Union Territory, Chandigarh, are directed to ensure that no songs are played glorifying the liquor, wine, drugs and violence in any song even in live shows.

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xi) The States of Punjab, Haryana and Union Territory, Chandigarh are also directed that no child below the age of 12 years is permitted to enter cinema halls/ multiplexes, where “A” certificate films are screened.

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xii) The District Administration is directed to ensure that nude posters, semi-nude posters, obscene posters should not be fixed/ displayed in any district near the educational institutions in the States of Punjab, Haryana and Union Territory, Chandigarh.

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xiii) The Deputy Commissioners in the States of Punjab, Haryana and Union Territory, Chandigarh, are directed to ensure that no loudspeakers are permitted 15 days before the annual examinations and during the course of examinations.

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xiv) The recommendations made by the Committee constituted by this Court are ordered to be implemented in letter and spirit for proper enforcement of law.

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xv) The District Magistrates/ Senior Superintendents of Police/ Superintendents of Police of each district shall be personally responsible to ensure due compliance of the directions issued hereinabove . ”

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Above judgment shows that District Administration has been directed to ensure compliance of Noise Pollution Rules, 2000 and take effective steps for implementation of said Rules.

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Since no specific violation has been shown as no supporting material has been placed on record, we find it appropriate to dispose of this Original Application by directing District Magistrate, Senior Superintendent of Police/SP, Ludhiana to take all requisite steps for implementation of Noise Pollution Rules, 2000 and comply directions issued by Punjab and Haryana High Court vide judgment dated 22.07.2019 passed in Writ Petition No.6213 of 2016 .

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With above directions, this Original Application is disposed of.

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Sudhir Agarwal, JM

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Dr. Afroz Ahmad, EM

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July 31, 2024 Original Application No.299/2023 M

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Mrs Tamanna Maini v. the State of Punjab through the Principal Secretary of Local Government Department

Case brief

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Mrs Tamanna Maini v. the State of Punjab through the Principal Secretary of Local Government Department

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