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  • கூம்பு வடிவ ஒலிபெருக்கிகளை முறையாக பயன்படுத்த வேண்டும் பசுமை தீர்ப்பாயம் தீர்ப்பு

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    கூம்பு வடிவ ஒலிபெருக்கிகளை முறையாக பயன்படுத்த வேண்டும் பசுமை தீர்ப்பாயம் தீர்ப்பு

    Uploaded by

    பூவை ஜெ ரூபன்சார்லஸ்

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    © All Rights Reserved
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    of 11
    Item No.02: BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI ication No. 49 of 2020 (Tiroush Video Conference) IN THE MATTER OF X. Udayakumar 8/0, Karuppusamy No. 2, Mariamman Kovil Street, Near G.V. Residency, Upplipalayam, Coimbatore 15 Applicant(s) Versus 1. The Commissioner, Coimbatore Municipal Corporation, Big Bazar Street, Town Hall, Coimbatore | 2. ‘The Assistant Commissioner (East Zone) Coimbatore Municipal Corporation, East Zone Office, Coimbatore 5 3. The Disttict Environmental Engineer Tamil Nadu Pollution Control Board, E55, SIDCO. Industrial Estate, Kurichi, Pollachi Road, Coimbatore 21 4, The Assistant Engineer TANGEDCO (TNEB) 20, GRG Nagar, Sowripalayam Coimbatore 28 he Inspector of Police E-1, Singanallur police Station, Singanallur, Coimbatore 5. 6. Mariamman Kovil Rep. by its Tharmekartha Palanisamy Door No 11, Thevendra Street, Upplipalayam, Coimbatore 15. 7. Veera Masthiamman Kovil Rep. by its President Duraisamy Mariamman Kovil Street, Upplipalayam, Coimbatore 15 8. Agasarayar Kovil Rep. by its Priest. Ramu Mariamman Kovil Street, Upplipalayam Kovil Street, Coimbatore — 15 ..Respondent(s) Date of Judgment: 24" December, 2020. CORAM HON’BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON’BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER For Applicant(s) None For Respondent(s) Sri, C. Kasirajan through Mss, Meena for R3 Sri, Dr. V.R. Thinunarayanan for R4 and RS JUDGEMENT 1. The grievance in this applicetion is regarding the use of Loud Speakers in the temples arrayed as temple management by respondent’ No. 6 to 8, namely. Mariamman Kovil, Veera Masthiamman Kovil and Agasarayaar Kovil in Mariamman Kevil Street in Coimbatore Municipal Corporation It is also alleged in the application that they were using the loud speakers for playing devotional cinema songs in high volume, causing sound pollution and health hazard to the elders and students in that area. There is no time restrictions made by them in using the same as well. They have also not obtained necessary permission from the authorities for this purpose. Itis also alleged in the petition that they are using the Cone Shape Loud Speakers, Which is not permissible under the Noise Pollution (Regulation and Control) Rules, 2000. The applicant is @ person who is preparing for Civil Service Examination and further exams are forth coming and if this continues, preparing for the examinations is likely to affect the concentration of the students. Further hearing of high level of sound for long peried affects the health of the people, both physical and psychological. So, the applicant filed this application seeking the following relicf,- wo Direct the 1 to 5 respondents to take action agaist the respondents. 6 to 8 in accordance with law etd restrain them from ‘causing noise pollution and muisance 10 the people residing in Morianman Kovil, Street, Uppilipalayan, Coimbatore ~ 15, by removing loud-speakers erecied which creates the noise pollution ‘and nuisance to the nearby residents, within the tine stipulated by ‘his Honourable Tribe, (ii) Pass such further or other orders as tus Honourable Court may deem fir and proper in the circumstances of this case, and dus render justice This Tribunal by order dated 28 02 2020 had admitted the matter and issued notice to respondents and a Joint Committee was appointed comprising of (1) The Commissioner, Coimbatore Municipal Corporation, and @) the Tamil Nedu Pollution Control Board and () Superintendent of Police, Coimbatore for ascertaining the allegation in the application and submit a factual and action taken report in this regard. They have been directed to mention the nature of action taken, what are all the mechanism provided for the implementation of Noise Pollution (Regulation and Control) Rules, 2000 in that area and also to ascertain the sound level produced by these instruments in this area to ascertain as to whether it causes sound pollution and exceeds the prescribed limit as per the rules in aresidential area The case was posted to 13.04.2020 for appearance of parties as well as for getting the report and for the independent response of the respondents. Thereafter, the matter was adjoumed from time to time by notifications. It was teken up on 24.08.2020 and at the request of the committee the matter has been adjourned to 06.11.2020 for filing the report. ‘Though notice was served through e-mail and also sent by Registered post which ‘was not returned which will give rise to the presumption thet it has been served on them. ‘The party respondents did not appear on 06.11.2020 and it was adjourned to today by notifications. ‘When the matter came up for hearing today through Video Conference. there was no representation for the applicant Sri C. Kesirajan through M/s, Meena represented 3“ respondent and Sri Dr. V.R. Thirunarayanan_ represented respondents 4 and 5 We have received a Joint Committee report signed on 04.11.2020 and received on 05.11.2020 which reads as follows: ofthe Jot Commie on Tira Noo Mevicmmon Kovil Sreet Near GV. Residency Upptlipalavan, Coimbatore District ax per the orders of the Hon'ble Notional Green, Pihnn ($2, Chennai 0. No 49.06 2020 Deted 28033020 LORACKGROUND- Thi K: Uibwabumce hs filed a ease i the Hon le NOT (2, Chennea: vide OA No 49 of 2020 regarding noise polhution caused by three temples namely Martamman Kovil, Masthiannan Kovl and Agasarayar Kovil located at Mariaumen Kovil Street, Uppilipalavam, Commbetore~ 15. 1 this regan the Hn ble NOT (2) Chern order bx OA. No. “of 20 oder ded 1802 2020 ordered a feos: S12 In exder to excertain the present tees ene cso he regultory mechanisn that ix Being copied bythe regnezors tn this regard, we constitute a Joint Committee comprising of Comniissioner. Cotnbatove Nacpal Corporation an the Teal Nec Poltitlon Cento! Board and Superintendent of Poke, Cointatore for ascertaning the ‘allegation in the cepication cel subui . face ext acon taken report ints regard t his Tribal within a period of re month 1 coutmaton 1 the above, conmitie has been consttued ‘comprising the menibers Conmuisioner, Colaitaore Corporation, Conuissioner of Police, District Enviromental Brgineer, acd Tail Nec, Folision Control Boord ‘Moreover, Hon'ble NGT ha directed then io sabia report to Tribal and posted the cave fo 13042020 On 13042020, it wn ‘aliowrned to 08 05 2020, on 08.05 2020, i was acioured 10 08 06.2020, (1 906 2020, and it wes aired fo 2408 2020 on 24.05 2020, ‘The Hon'the NGT/S2 Chen ender in ©.A.No.490f 2020 order Dated: 408 2020 ordered as Soltons “For appwraxe of partes completion of pleadiegs cnt ‘consideration afte port, past on 06 112020." Tamil Naini Polttion Control Board Coimbatore tes been ‘cevessed to conde Anibion Noise Level survey vide this offie leer ‘dated 11.09 2020. Fuher ter hes been commbicated to the Joint Conner Imenibers reser the cnublennote level survey to be conticted by chanced Enirntnentel Leborotory on 2210 2020 vide sof leer ued 21102020 2 sspucr To POLLUTION (REGUIATIONAND CONTROL) RULES 2000, As pot the Noise Pollition (Reuation anid Contr) Rules, 2000- fale? Ye)" euhority née cor carts or acer uthrised by the Central Goverment, ar as the case may be, the State Goreme in ‘eccorikeice with the lows in erce ancl iudes a Disiiet Nearer, Folice Conmussionr, or ay eter after designated for the mensenance of the codiont cir quality stars in respect ef rate tk aryl for the tie bee in force: Bile 3 The cnbion cir quali stolen in respect af mise for afferent ‘reasoner be suc as speifidin dle Sched SCHEDULE (see ride 3(1) ed 4) Anibient Ar Quality Standards t respect of Nowe a re en dB(A) Leg* Day Tine _ | Night Tine a Teel ore a 7 w Conner ree oe Revie ares Ey [1B | Sees Zoe 50 Now 1 Daytime shell mean fom 6 004m to 10.00 p.m 2. Nght tine steal! mean from 10.00 p.m. to 600m 5 3 Med categories of areas man be declared as one of the fur above ‘mentioned categories bythe competent catiorty. * eBiA) Lea denotes the time weighted average of te level of sound in ‘rebels. on scale A which i relatable 1 tana hearing A “tcibel” ts unit in whicincse bs neared “A, In BA) Leg, ones the frequency weg in the mecarenent of note ane correspouts to feqwency respouse characterises of the Iman eq: Iiscavenergy mean ofthe woise level, over a specified period. le 4 "2 The eauhority shall be resporsible for the enforcement of nse pollution control measures cod the dhe conplicnce of the cambiet ait “icy senndards in respect of wise.” ule 5: Restritions cn the use flout speaker public caress stem. (DA leuk specter oF a public ackivess svsem shal wot be sued except afer obtaining writen permission row the cxuthoity 2) A loud speater or a public adress sytem shall not be wed at ‘ight (between 1000 p.m. f0 600 am) except in close premises for conuninication within ex, auioria, conference rooms, comneasity bas ant baneuet heals.” Rule 6 Consemences of cm violtion in silence coneiorea include lute 4.8, Bille 7: Cmts tobe mane to the ory, ()— A person may ifthe nolve level exceeds the ambient naise sonads by 10 dB(A) oF more given in the corresponcng columns: against cy arec/zone, make c compli t0 the uch 2) The authority shail act om the complain’ ane take action aginst the vlletor accordance with the provisions af exe ‘ules ed ay other la in force Under Noise pelcin Rules, 2000 responses are vested with State Governments, ctsrict Magistrate, Police commissioner, or an other ‘affcer not below the rank of Deputy Siperintnckent of Police, cx per dees gtren Beton: Restriction nthe we of Lod Speaers/Pubhe Akiess system. Restriction on the use af Horns, Sound ening consiretion cpap nel bsting of Fire crackers. Prohibition of contimenrce Music Sows or Nove AOANALYSIS OF ENVIRONMENTAL POLLUTION: AntbietDoive Level survey was condted by Aatnn Director, Adesd Brironmental Labor, Taniaey Pollen ContotBoerdin presence of TNPCB oftes O0. Dri Bitrnnesa Irgineer, Ctubore (Sth & Truk Ucar, complainan dring 6 puto 15pm on 22 102020 te foloing locators The noise monioring war carvied out of the complaints house 1 stuehs room (1" floor, at bed reoo I floor) inside the Jal (Grovnd Foor) The distance betoeen compleinents’s Thr K Vilneiner bonse ‘and Meviconen tone was crowd 138 ‘S| location af | Direction | Distance | Noise Ievelin Tag a No | Nowetet | som from a measurements | source | source | Wik —| “Without mace (at as | open | Operation compleanane's fon Bouse) T | at Sta Room | Bast F ao wa Bed Ream | Bast zi ar Hz | Fate te all — | Rat z a7 wr ROM of ANL survey reveals thet the parameter wax exceeding standards preseribed by the Boer 1 as fod to be beeen 58 0 68 dB, which was mich above ‘he pernustble of $5 AB As per Noise Polution (Regulation cml Corot) Rules, 2000 the permissible noise Rn chang day ime (06.a0 fo Lop) in resend cereals 35aB. Géneral Observaion atthe tine of sumer: 1 Two munter of box npe speakers wed seh Me fer singing devotional songs curing the tine of Netw Level Staves. Also electrical operated drum bell was operued daring the survex: 2 The temples Veeremaceiiammen Konil and Agere Kovil wre notin Bunetoning dung tine ef Moise Level Sarr 3 There were to lou! spealors which are fied inside the Marine lenple on th top of the vestern pier ata height about 159 from the round level 4 Bven ager dhe non functioning of etter tv0 temples mentioned the complain, note level of toed speakers used by Marianvuasy Temple was fone! mare ant pernssble hes 5 ivve reported bythe complaine that 1) They ase loudspeakers throghovd the year box type speakers Were operated from 64 am t0 9 am tn the monnng ane 6.30 pm to pm inthe evening. At tines nthe Tan north of ‘Markit they tert speakers from Han 10 9 came in the ‘morning 6 pa to Spm inthe night 10) The sound level vill be unbearable ant chsturi all the Residents nearby. It was rot posite forthe residents to {peak to ow cnther and the eet is unbecnable tht che wiltnot be able to crtend even aphone call Hi) The souend of cating bet will be mashed by the we of loutapeckers Students are alse affcted became of the nkve polhition. 19) After COVTD 19 pendent natiowa wide lockdown they are ting spears on the easter tower by reducing the hours af ‘usage, which af present is fon 6.45.amcin the morning and _frtn pon to 9 pn nthe event 6 Tonple Menagenent and control war not come snicer the purview of the HRNC Deparment. Theee temples were come tinder the purview of prive temple priest. AOSCALE OF COMPENSITION FOR VIOLATION OP NOISE AULES. The Hon'ble NGT vide order dated 01082019 M1 the mester of O.A.ND519.9f 2016 thled: Hardeep Singh & Ors Vs SDMIC & Ors directed “The CPCB reeds to devise the scale of compensetion to be akpted os a measure o enforce the Rake 412) of the Note Pollution (Regulesion cet contrel) Rules, 2000 by the concerned catirity on the bass of ‘Polluer Pays Principle. Thongh violation of de nules ihe the Noise Rules here, isa criminal offence punishable wer Secon 15 of the Brviroiment (Protection) et, 1986 vith imprisonment pte. ve yoors cond fine pio Ri} lath since _presecitin af anncogrizableoffnce me ne its ov tintrions chil ability on “Polluer Pavs’ princisle can be invoked by the ‘enyorcement regulatory cuhority as per the guideines which me be laid down ty the CPCB, The scele of compensetion my lune reference tothe extend anal severiy of aefe eat whether the defeat a arpeaed offre.” In Compliance to abowe, CPCB submited ts report before the Hon'ble NOP ow 14.11.2019 uploaded en 20.11.19 meeting of the

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