Disposed

Misc Application in disposed of cases No. 153/2024 in Original Application No. 74/2024 of Islam and Ors. vs

NGT9 May 2025Misc Application in disposed of cases No. 153/2024 in Original Application No. 74/2024

Case brief

AI extract

What is this about?

Mathur alias Islam applied regarding alleged noise pollution and improper waste disposal by a marriage home in Ghaziabad. The NGT reviewed the UP Pollution Control Board's inspection report, which noted noise violations but no evidence of solid waste dumping, directing the Board to expeditiously ascertain violations and take action following natural justice.

What the court decided

AI extract

Misc Application in disposed of cases No. 153/2024 in… — Environment and Pollution | NGT (2025)

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Item No. 14

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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M.A. No. 153/2024 In

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Original Application No. 74/2024

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Islam and Ors. Applicant

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Versus

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State of Uttar Pradesh & Ors.

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Respondent(s)

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Date of hearing: 09.05.2025

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

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ORDER

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Applicant: None present Respondent: None present

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This MA has been registered on the basis of the report dated 13.08.2024 submitted by Uttar Pradesh Pollution Control Board (UPPCB) in compliance of the order dated 02.05.2024 passed in OA No. 74/2024.

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In the OA applicant had made a complaint against neighboring Malik Marriage Home situated in Dari Factory, Loni, Mohalla Toli, Loni Police Station, Ghaziabad, UP. Complaint was about illegal operation of marriage home and throwing of dirty water and waste improperly causing environmental harm and also in respect to noise pollution.

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Tribunal by order dated 02.05.2024 had disposed of the OA by directing as under:-

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“4. Hence, we disposed of the OA directing the Member Secretary, UPPCB to get the spot inspection done and find out the correct status and extent of violation of environmental norms by the said marriage home and take appropriate remedial action.

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5. Let an action taken report be submitted by the Member Secretary, UPPCB before the Registrar General of the Tribunal within three

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months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF and if found necessary the matter will be listed before the Bench for consideration.”

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Action taken report filed by UPPCB, incompliance of the above order, states that inspection of marriage home was carried out on 25.07.2024. Report discloses the status found during the inspection as under:-

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“9. That, during inspection the marriage home has not provided a copy of sanctioned map of the premises regarding which the UPPCB has written a dated 28.05.2024 to provide the copy of sanctioned map.

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10. That, during inspection it was stated by the proprietor of marriage home that the MSW generated is given to private vendor but no such records/evidence has been produced by him. Also no Solid Waste was found dumped on open area within the premises. Furthermore during inspection no plastic waste was found burning.

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11. That, there is no facility for the treatment of waste water generated from Marriage Home and in case of operation of wedding procession waste water generated is discharged on low lying land situated at Raja Talab Road. Further it was also observed that the waste water coming from nearby residential area also meets at that place.

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12 That, having regard to the complaint against throwing of dirty water/Solid Waste at Raja Talab Road and burning of plastic waste, a letter was issued by UPPCB to Executive Officer, Nagar Palika Parishad Loni, Ghaziabad on dated 24.07.2024 to look into the matter and take appropriate action against the violation if any. Copy of said letter dated 24.07.2024 is attached as Annexure-III.”

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In the report following observations and suggestions have been

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made:-

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“ 1- As per monitoring of ambient air quality in respect of noise level carried out at Marriage Home and society, it has been observed that the noise level is beyond permissible limit, even when there is no event/functions carried out at marriage home.

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2That, the Marriage Home M/s Nawab Malik Marriage Home, Dari Factory, Mohala Toli, Tehsil Loni, Ghaziabad is located in

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compact residential area within the limit of Nagar Palika Parishad Loni and noise treated due to vehicular movement in nearby areas may also be a factor to have an adverse impact on noise pollution.

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3That, the Marriage Home should adhere to the guideline/building bylaws issued by local authority (Nagar Palika Parisad Loni) and shall furnish copy of approved map.

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4That, under the Noise Pollution (Regulation and Control) Rules, 2000 its provides, "A loudspeaker are a public addresses system shall not be used except after obtaining written permission from the authority" has been made. Hence it is responsibility of owner to obtain necessary permission from designated authority.”

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We are of the view that if the marriage home in question has not made proper arrangement for solid and liquid waste management and if it is violating the other environmental norms then action is required to be taken by UPPCB for imposition of environmental compensation.

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Report only reflects certain communications sent by UPPCB to different authorities mentioning about complaints against the marriage home concerning the violation of the norms.

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Hence, we require the Member Secretary, UPPCB to ascertain the extent of violation of environmental norms, if any, by marriage home in question and take remedial and punitive action if required expeditiously after duly following the Principles of Natural Justice.

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MA is accordingly disposed.

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Prakash Shrivastava, CP

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Dr. A. Senthil Vel, EM

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May 09, 2025 M.A. No. 153/2024 In Original Application No. 74/2024 JG..

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Misc Application in disposed of cases No. 153/2024 in Original Application No. 74/2024 of Islam and Ors. vs

Case brief

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What the court decided

Misc Application in disposed of cases No. 153/2024 in Original Application No. 74/2024 of Islam and Ors. vs

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What the court decided

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