Mere passing orders not enough, ensure action against violations: NGT to authorities

New Delhi: Merely passing an order that laws should be complied with is not enough for authorities as they also need to take action violators, the National Green Tribunal has said in a case against the use of loudspeaker to curb noise pollution.

The NGT’s observation came while dealing with a plea alleging that illegal use of loudspeakers at mosques was adversely affecting the health of the residents living in their vicinity in East Delhi. 

“Mere passing an order that law should be complied is not the only job of the executing authority. When violation of law is established, need is to take remedial action by way of prosecution and recovery of damages, which has not been done,” the NGT said. 

A bench headed by NGT Chairperson Justice Adarsh Kumar Goel also directed the DCPs of the East and West district to submit action plan to check noise pollution in their area. It also directed them to appear before it on March 14.

“It may also be considered whether instruments having potential of higher noise a legally permissible should at all be allowed to be possessed. If it is not so viable, any other alternative may be considered,” the bench said.  

The tribunal also expressed dissatisfaction over the affidavit filed by the DCP (East) on the steps taken to control noise pollution saying it “hardly meets the legal requirements.” 

During the hearing, a joint inspection team of the Central Pollution Control Board and Delhi Pollution Control Committee submitted a report which said that out of 17 locations, four are not conforming the day time limit of ambient noise, while 10 locations were are not conforming to the night time limit of ambient noise.

The tribunal was hearing a plea by NGO Akhand Bharat Morcha alleging that illegal use of loudspeakers at such places adversely affected the health of the residents living in their vicinity. 

The plea had alleged that the activities of some mosques were in violation of the Environment (Protection) Act, 1986 and the Noise Pollution (Regulation and Control) Rules, 2000. 

It had claimed that these places of worship were located in silent zones, housing schools and hospitals and their loudspeakers surpassed the laid down decibel levels. 

The plea had said the residents of the area had informed the authorities, but no action has been taken.