Ban Crackers, Loud Sound In The ESZ Of Fatehsagar Lake Area In Rajasthan: National Green Tribunal

The Central Zone bench of National Green Tribunal (NGT) has directed the Municipal Corporation to enforce the recommendations of the expert committee on checking noise pollution near Fatehsagar lake and the eco-sensitive zone (ESZ) of Sajjangarh Wildlife Sanctuary in Rajasthan.

These recommendations include banning firecrackers and prohibiting the use of DJ sound systems in marriage processions.

It was also recommended that the lakeside hotels at Fatehsagar install a continuous ambient noise level meter. This should be done in consultation with RSPCB and connected by online CCTV to an application so that information about the noise level is publicly available.

The bench, consisting of Justice Sheo Kumar Singh and Dr Arun Kumar Verma (Expert Member), was hearing an application filed under Section 14, read with Sections 15 and 20 of the National Green Tribunal Act, 2010.

The application raised questions related to the environment and sought to protect the fragile ecosystem of Fatehsagar Lake wetland, which is situated within Udaipur District and has an area of 3 sq. km.

The applicant claimed that local communities residing in close proximity to the area were persistently affected by air pollution caused by the playing of loud music via sound amplifiers (such as speakers and subwoofers) and the beating of dhols, nagadas, etc. Additionally, private groups would burst firecrackers during all hours of the day for weddings, ceremonies, and other events.

The tribunal had observed that, “a substantial issue of the environment has been raised.”

In January 2023, the Tribunal, considering the sensitivity of the matter, had constituted an expert committee to file a report on the issue.

The Committee found that, “It can be easily visualized that the fire-crackers are used in residential as well as commercial areas than the ambient noise quality.Permissible limits are bound to be non-complied. Moreover, the effect of the same shall persist for a long distance thus violating the noise standards at a faraway place too.”

The committee made certain recommendations including the following:

• Public grievance lodging App to control the menace of pollution due to Noise in the country may be prepared by CPCB.
• The Municipal authorities should complete the work of notifying area into commercial residential and silence zone so that applicability of noise level standards can be ensured.
• Mobile DJ music systems on four wheelers vehicles.
• Bursting of firecrackers in ESZ of Sajjangarh Wild Life Sanctuary.
• CCTV cameras be installed all around the periphery of Fatehsagar Lake and in the ESZ at strategic places.

Considering the recommendations the Tribunal said that, “A copy of the report be provided to the Collector / Municipal Corporation with a direction to enforce the recommendations of the committee upto the strength of the applicability and if there is any grievances Collector & Municipal Corporation have to file their replies/response on those points.”

The matter will now be taken up on 17 May.

Case Title:Anil Mehta v. State of Rajasthan & Ors.

Counsel for Applicant:Maitreya Prithwiraj Ghorpade

Counsel for Respondent:Dharamvir Sharma, Rohit Sharma,Shoeb Hasan Khan.

Click Here To Read/Download Order