The NGT has cleared hefty penalties for violation of noise pollution norms, proposed by the Central Pollution Control Board (CBCB) , which may go as high as Rs 1 lakh.

In an order dated Aug 11, the National Green Tribunal chairperson Adarsh Kumar Goel also ordered the constitution of a monitoring committee headed by retired HC Judge SP Garg to ensure compliance of noise pollution rules in Delhi.

In a report submitted to the Green Tribunal on June 12, the CPCB had proposed penalties for various violations. Approving the fines, Goel said, “We are of the view that the compensation scale laid down by the CPCB for defaulters may be enforced throughout India. The CPCB may issue appropriate statutory orders for the purpose of being complied with in all States/UTs.”

According to the CPCB report, a fine of Rs 10,000 would be levied for misuse of loudspeakers & public address system, besides seizure of equipment. Noise pollution from diesel generators of more than 1000 KVA capacity would attract a fine of ₹1 lakh & the equipment would be sealed. Noise beyond permissible levels at construction sites would invite a penalty of ₹ 50,000 & seizure of equipment.

Permissible noise levels for residential areas is 55 decibels (dB [A]) during the day & 45 dB(A) at night. The standards for industrial areas are 75 dB (A) during the day & 70 dB (A) at night. The standard noise limit for silence zones such as hospitals & educational institutions during day time is 50 dB (A) & 40dB (A) during the night.

The central board had also proposed heavy penalties for bursting firecrackers that cause sound beyond the permissible limits. A person can be fined Rs 1,000 for bursting crackers in a residential area & Rs 3,000 in a silence zone. The fine for the same offence in a public rally or procession would be Rs 10,000 & Rs 20,000 for residential & silence zones respectively.

“In case of repeat violation within a fixed premise, the penalty will be doubled to ₹20,000. More than two violations will cost the defaulter, a penalty of ₹ 1 lakh & sealing of premises,” the CPCB had proposed in its report.

Senior CPCB officials did not offer a comment, saying the anti-pollution body had submitted the detailed report to the NGT.

Currently, the use of loudspeakers or playing loud music at weddings, events & restobars is not allowed beyond 11pm & can result in confiscation of equipment, a fine of upto ₹ 5,000, as well as imprisonment up to 5 years, depending on the gravity of the violation under the Noise Pollution (Regulation & Control), Rules 2000.

With regard to the constitution of a monitoring committee in Delhi, the NGT said besides the retired HC judge heading the body, it may also have representatives from the Delhi Pollution Control Committee (DPCC), Delhi Police & the Delhi chief secretary as its members. “The committee may seek assistance from experts or other public institutions & submit a report before the next hearing,” Goel said in his order.

The Green Tribunal will hold the next hearing on April 15,2021.

In a report submitted on August 6 to the tribunal, the DPCC had stated that 26 new noise monitoring systems have been set up in addition to the existing five at various locations, including residential, commercial, industrial & silence zones. However, the DPCC had said that except for industrial areas, noise levels had exceeded the day & night permissible limits at all other locations.

Omesh Saigal, Ex-Delhi Chief Secretary & a petitioner in the matter of noise pollution, said, “It is an important step & may create a deterrent. But the important bit is the enforcement of the order. Each time an order is passed, it lacks enforcement. If implemented well, it can create public consciousness that noise pollution is actually harmful for health & help bring a positive change.”

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