Use Of Loudspeakers In Festivals: NGT Directs Raipur’s Collector To Explain Non-Compliance With Tribunal's Order To Control Noise, Air Pollution

The central zone of National Green Tribunal (NGT) has directed the District Collector of Raipur, Chhattisgarh to explain why in pursuance of its order, action taken report with respect to directions issued to control noise and air pollution during festivities has not been filed.

The bench of Justice Sudhir Agarwal and Dr. Afroz Ahmad said, “This conduct and attitude shown by District Collector cannot be appreciated as it amounts to disobedience on the part of District Collector with regard to compliance of Tribunal’s order. It is also an offence under Section 26 of NGT Act, 2010. However, before taking any further action including criminal proceedings against the defaulter, we find it appropriate to give a further opportunity.”

The Tribunal was hearing the execution application for non-compliance with certain directions to take effective steps to control noise and air pollution on account of various activities in District Raipur, Chhattisgarh, passed in 2016.

In 2016, the Tribunal had directed that, “..We would, therefore, direct the State of Chhattisgarh to ensure that sufficient number of monitoring stations in urban areas with specialized equipment’s for monitoring air and noise pollution levels be installed with the data being made available at the level of the CECB for taking effective steps in this behalf.”

“During festivities and the marriage season the pollution authorities along with the District administration may also be provided with mobile units for the aforesaid periods,” it added.

Taking note of the execution application, the Tribunal in May while issuing notice, directed the District Collector, Raipur to submit an action taken report with respect to steps taken in compliance of directions.

“Neither any such report has been filed nor anyone has appeared on behalf of District Collector, Raipur nor any reason has been disclosed as to why the report has not been submitted,” noted the Tribunal.

In light of the above the Tribunal has directed District Collector, Raipur to appear in person before Tribunal on the next date to explain as to why Tribunal’s order to file action taken report and appearance has not been complied.

“If District Collector, Raipur also finds that the judgment dated 27.09.2016 passed by this Tribunal in OA No. 78/2016(CZ) (directions on measures to control noise and air pollution) has also not been complied with, he shall also give reasons for non-compliance thereof,” it added.

The matter is listed to August 08 for further consideration.

Case Title: Chhattisgarh Nagrik Sangharsh Samiti v. State of Chhattisgarh & Ors.

For Applicant : Gauranvit Jain, Advocate

For Respondent : Parul Bhadoria, Advocate for CECB

Click Here To Read/Download Order