From ET Realty
NAGPUR: The Nagpur bench of the Bombay High Court has prohibited all kinds of construction and renovation activities from 8pm to 8am in the city.
The stringent directives came while hearing a suo motu public interest litigation (PIL) on noise pollution. The PIL was based on TOI’s report on October 19, 2015 about nuisance of noise pollution due to construction activities.
A division bench of Justice Bhushan Gavai and Justice PN Deshmukh flayed the government for not filing replies despite repeated directives. The judges cited that students appearing for exams get disturbed due to the noise caused by construction activities.
“The school-going children would suffer greatly due to noise pollution during night hours. We direct that no construction or renovation activities should be carried out between 8pm to 8am,” the bench stated.
Earlier, HC had directed the Maharashtra Pollution Control Board (MPCB) to file an affidavit on ongoing construction activities in city and status of noise pollution due to it within two weeks. The directives came after MPCB counsel Ravi Sanyal pointed out that there were orders from National Green Tribunal (NGT) and principal bench in Mumbai to take action against noise pollution due to firecrackers and playing of disc jockeys on roads.
TOI had reported how noise pollution due to construction activity has become common in many residential areas and how residents are facing mental and physical agony due to it. It had also pointed out how despite the statutory bodies having standing guidelines regarding protection of environment from construction activities, the same are not being implemented at most of the sites in the city. Builders hardly take any steps to keep the noise and air pollution under check in accordance with the environmental laws.
The Ministry of Environment and Forests (MoEF) issued the Noise Pollution (Regulation and Control) Rules, 2000, stating that the noise levels in different areas should not exceed the ambient air quality standards in respect to noise.
Based on the MoEF’s rules, the city police also issued a public notice stating that citizens can lodge oral complaint regarding breach of noise pollution rules on ‘100’.
In April, even the National Green Tribunal (NGT) principal bench at Delhi had ruled that every corporation or authority vested with the power of sanctioning plans for construction of small plots should ensure that the builder strictly complies with the MoEF guidelines of 2010.