Noise Pollution: NGT Directs District Magistrate To Take Action Against Restaurants In Dehradun

The bench headed Justice AK Goel passed this letter taking note of a letter addressed to it alleging that that noise pollution is being caused by King's Harbor Restro & Lounge and Aura Kitchen & Spirits – a restaurant at GMS road near Bhavishya Nidhi Bhawan, Dehradun, Uttarakhand. Allegation is that the DJ Loudspeaker has been installed in the restaurant which continues beyond 10 pm.

Needless to say that order of National Green Tribunal is binding as a decree of Court and non-compliance is actionable by way of punitive action including prosecution, in terms of the National Green Tribunal Act, 2010, said the bench while directing the District Magistrate to take appropriate action in this regard.

Regarding the use of Loudspeakers, the Noise Pollution (Regulation and Control) Rules, 2000 provides that

• A loud speaker or a public address system shall not be used except after obtaining written permission from the authority.
• A loud speaker or a public address system or any sound producing instrument or a musical instrument or a sound amplifier shall not be used at night time except in closed premises for communication within, like auditoria, conference rooms, community halls, banquet halls or during a public emergency.
• Notwithstanding anything contained in sub-rule (2), the State Government may subject to such terms and conditions as are necessary to reduce noise pollution, permit use of loud speakers or public address system and the like during night hours (between 10.00 p.m. to 12.00 midnight) on or during any cultural or religious festive occasion of a limited duration not exceeding fifteen days in all during a calendar year. The concerned State Government shall generally specify in advance, the number and particulars of the days on which such exemption would be operative.
• The noise level at the boundary of the public place, where loudspeaker or public address system or any other noise source is being used shall not exceed 10 dB (A) above the ambient noise standards for the area or 75 dB (A) whichever is lower;
• 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 5 dB (A) the ambient noise standards specified for the area in which it is used.

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