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Original Application No. 18/2013 1
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONAL BENCH
BHOPAL
Original Application No. 18/2013 (CZ)
IN THE MATTER OF
1. Neel Choudhary S/o Pramod Choudhary,
R/o House No.2, Jain Nagar, Lalghati,
Bhopal, Madhya Pradesh. ……Applicant
Versus
State of Madhya Pradesh,
Through Principal Secretary,
Aawas Evam Paryavaran Vibhag,
Vallabh Bhawan, Bhopal.
1. Bhopal Municipal Corporation,
Through its Commissioner,
Sadar Manzil, Near Hamidia Hospital,
Sultania Road, Bhopal
2. The District Collector,
Collectorate, A-Block, Old Secretariat,
Bhopal.
3. Madhya Pradesh Pollution Control Board,
Through its Chairman,
E-5, Paryavaran Parisar, Arera Colony,
Bhopal
4. Directorate of Town and Country Planning,
Madhya Pradesh, Bhopal,
Through its Director,
E-5, Paryavaran Parisar, Arera Colony,
Bhopal.
5. Manas Udhyan through Manager,
Gufa Mandir Road,
Jain Nagar, Lalghati,
Bhopal.
6. Suncity Garden,
Through its Manager,’
In front of Halapura, Lalghati,
Indore Road, Bhopal.
Original Application No. 18/2013 2
7. Good Garden,
Through Manager,
Behind Suncity, Halpura, Lalghati,
Indore Road, Bhopal.
8. Gulshan Garden,
Through Manager,
Lalghati, Halpura,
Indore Road, Bhopal.
9. Shikhar Garden,
Through Manager,
Near Sehore Naka,
Bairagarh, Bhopal.
10. Gulshan and Swagat Garden,
Through Manager,
Lalghati,Halpura,
Indore Road, Bhopal.
11. Moonlight Garden,
Through Manager,
Lalghati,Halpura,
Indore Road, Bhopal
12. Lion City Garden,
Through Manager,
Lalghati,Halpura,
Indore Road, Bhopal.
13. Green City Garden,
Through Manager,
Lalghati,Halpura,
Indore Road, Bhopal.
14. Swagat Palace,
Through Manager,
Lalghati,Halpura,
Indore Road, Bhopal.
15. Enjora & Palace Marriage Garden,
Through Manager,
Lalghati,Halpura,
Indore Road, Bhopal.
16. Merigold Marriage Garden,
Through Manager,
VIP Road, Bhopal Lalghati Square,
Lalghati, Bhopal
Original Application No. 18/2013 3
17. Shalimar Marriage Garden,
Through Manager,
Rizwan Bagh, Shalimar Farms,
Near Hotel Noor Us Sabha,
VIP Road, Bhopal
18. Taveli Garden
Through Manager,
VIP Road, Bhopal
19. Diamond Party Hall,
Through Manager,
B/7, Housing Board Colony,
Bhopal
20. Lakeview Garden,
Through Manager,
Ahemdabad Palace,
Kohefiza, Bhopal
21. Farano Bahar,
Through Manager,
Khanugaon, Bhopal
22. Baro Bahar,
Through Manager,
Khanugaon, Bhopal
23. Noor Shaddi Hall,
Through Manager,
Khanugaon, Bhopal
24. Meriyan Shaddi Hall,
Through Manager,
Ahemdabad Palace, Kohefiza,
Bhopal
25. Milan Shaadi Hall,
Through Manager,
Ahemdabad Palace, Kohefiza,
Bhopal
26. Fore Seasons Lawn,
Through Manager,
Ahemdabad Palace, Kohefiza,
Bhopal
27. Imperial Sabre,
Through Manager,
Original Application No. 18/2013 4
Ahemdabad Palace, VIP Road,
Karbala Road,
Bhopal
28. Nasheman Garden,
Through Manager,
Ahemdabad Palace Road,
Bhopal GPO, Bhopal
29. Badshah Shaadi Hall,
Through Manager,
Noor Mahal Road,
Bhopal
30. Hamid Manzil Shaadi Hall,
Through Manager,
18 Sultania Road, Bhopal
31. Umar Shaadi Hall,
Through Manager,
Behind Shahjahanabad, Bhopal
32. Star Shaadi Hall,
Through Manager,
Niyamatpura, Bhopal
33. Royal Shaadi Hall,
Through Manager,
Vinova Bhave Road,
Bhopal
34. Baba Shaadi Hall,
Through Manager,
Green Park Colony,
Berasia Road, Bhopal
35. Chandni Garden,
Through Manager,
Krishan Colony,
PGBT Collage Road, Bhopal
36. Saraswati Shaadi Hall,
Through Manager,
Santkavanram Colony,
Berasia Road, Bhopal
37. Momin Shaadi Hall,
Through Manager,
New Kabadkhana, Chhola Road,
Original Application No. 18/2013 5
Bhopal
38. Babul Shaadi Hall,
Through Manager,
New Kabadkhana, Chhola Road,
Bhopal
39. Roshal Glory Shaadi Hall,
Through Manager,
Plot No. 2AB, Qazi Camp,
Berasia Road, Bhopal
40. Vishal Shaadi Hall,
Through Manager,
8 Bhojpal Market, Chhola Road,
Bhopal
41. Moon Shaadi Hall,
Through Manager,
Budhwara, Bhopal
42. Subhag Bhawan Shaadi Hall,
Through Manager,
Tolwali Masjid Road,
Budhwara, Bhopal
43. Fida Shaadi Hall,
Through Manager,
In front of Cyber Cafe,
Tolwali Masjid Road, Sultania Road,
Bhopal
44. Kaptan Shadi Hall,
Through Manager,
Saeed Manzil, Ginnori Road,
MLB College, Bhopal
45. Raqib Shadi Garden,
Through Manager,
Behind Kaptan Shadi Hall,
Ginnory Road, Bhopal
46. Aleem Shaadi Hall,
Through Manager,
Talliya, Bhopal
47. Arabian Shaadi Garden,
Through Manager,
Polytechnic Square,
Original Application No. 18/2013 6
Bhopal
48. White House,
Through Manager,
Nishan Manzil, Shyamla Hills,
Bhopal
49. Khalsa Shaadi Hall,
Through Manager,
133, Kotra, Bhopal
50. Tiwari Shaadi Garden,
Through Manager,
Village Kotra,
Bhopal
51. Lal Shadi Hall,
Through Manager,
Church Road,
Jahangirabad, Bhopal.
52. J.J. Shaadi Hall,
Through Manager,
52 Church Road, Jahangirabad,
Bhopal
53. Taj Shaadi Hall,
Through Manager,
Masijid Elahi Baksh, Near Church Road,
Raisen Road, Barkhedi, Bhopal
54. Ronak Shaadi Hall,
Through Manager,
126, Chiklod Road,
Jahangirabad, Bhopal
55. Balaji Shaadi Hall,
Through Manager,
Arjun Nagar, Near Wine Shop,
Apsara Talkies, Raisen Road, Bhopal
56. Kartar Shaadi Hall,
Through Manager,
Near Bank of Mysore,
Raisen Road, Arjun Nagar, Bhopal
57. Shubham Shaadi Hall,
Through Manager,
109 ,Ashoka Garden, Prabhat Petrol Pump,
Original Application No. 18/2013 7
BhopaL GPO, Bhopal
58. Hathi Ghora Palki,
Through Manager,
Chuna Bhatti, Bhopal
59. Aakansha Shaadi Garden,
Through Manager,
Sidhartha Lake City, Raisen Road,
Bhopal
60. Kamli Bhawan Shaadi Hall,
Through Manager,
7 B, Sonagiri, Bhopal.
61. Pratibha Garden,
Through Manager,
Ayodhya Bypass, Bhopal
62. Jaiswal Shaadi Garden,
Through Manager,
Raj Homes, J.K. Road,
Bhopal
63. Sahu Shaadi Hall,
Through Manager,
Shiv Nagar, Chhola Road,
Bhopal
64. Choudhary Shadi Hall,
Through Manager,
Bhanpur Main Raod,
Bhopal
65. Bandhan Shaadi Hall,
Through Manager,
Karond, Bhopal
66. Khushbu Shaadi Hall,
Through Manager,
Devki Nagar, Near Petrol Pump,
Bhopal
67. Satfere Shaadi Hall,
Through Manager,
Bypass Road, Bhopal
68. Ma Karma Shaadi Hall,
Through Manager,
Original Application No. 18/2013 8
Bypass Road, Bhopal
69. Hariom Garden,
Through Manager,
Hinotiya, Near 80 ft. Road,
Bhopal
70. Sangam Marriage Garden,
Through Manager,
Hinotiya, Near 80 Ft. Road, Bhopal
71. Royal Shaadi Hall,
Through Manager,
Bagh Umraodulha, Bhopal
72. M.S. Shaadi Hall,
Through Manager,
109, Rani Aman Colony,
Bhopal
73. Parash Shaadi Hall,
Through Manager,
Pul Bogda, Bhopal
74. Super Shaadi Hall,
Through Manager,
Bag Dilkusha, Bhopal
75. Hindustan Shaadi Hall,
Through Manager,
Pulbogda, Bhopal
76. Shahnawaz Shaadi Hall,
Through Manager,
68, Aishbag Stadium, Bhopal
77. Amaan Shaadi Hall,
Through Manager,
Pul Bogda Compound, Govindpura,
Bhopal
78. Amulya Garden,
Through Manager,
E-8, Arera Colony, 12 No Bus Stop,
Main Road, Bhopal
79. Dana Pani,
Through Manager,
Plot No. E/8, Near Hi Tech City,
Original Application No. 18/2013 9
Arera Colony, 12 No. Bus Stop, Main Road,
Bhopal
80. Pradhan Mandapam,
Through Manager,
Opposite Vidya Nagar,
Old Ahmedpur, Hoshangabad Road,
Bhopal
81. Vrindavan Garden,
Through Manager,
Near Jaipur Mandir,
Vrindawan Mathura, Hoshangabad,
Bhopal
82. Vrindavan Palace,
Through Manager,
Near Jaipur Mandir,
Vrindawan Mathura, Hoshangagabad,
Bhopal
83. Madhuban Gardens,
Through Manager,
Hoshangabad Road, Bhopal
84. Gokul Lawn,
Through Manager,
Hoshangabad Road, Bhopal
85. R.K. Farms,
Through Manager,
Hoshangabad Road, Bhopal
86. Vasundhara Garden,
Through Manager,
Near Mark Club & Hotel,
Hoshangabad Road, Bhopal
87. Rasoi Dhaba,
Through Manager,
Hoshangabad Road, Bhopal
88. Hotel Mark,
Through Manager,
NH -12, Hoshangabad Road, Bhopal
89. Nandan Palace,
Through Manager,
Hoshangabad Road, Bhopal
Original Application No. 18/2013 10
90. Mahamaya Marriage Garden,
Through Manager,
Near Barkatullah University,
Hoshangabad Road,
Bhopal
91. Amrapali,
Through Manager,
Nayapura Kolar Road,
Bhopal
92. Swagat Garden,
Through Manager,
Kolar Road, Bhopal
93. Sanskar Upwan,
Through Manager,
Fine Avenue, Opp. Vindhyachal Academy,
Kolar Road, Bhopal
94. Vaibhav Shaadi Garden,
Through Manager,
Nayapura, Opp. Kolar Thana,
Bhopal
95. Aamra Shree ,
Through Manager,
Nayapura, Kolar Road, Bhopal
96. Sarvdharam Shaadi Hall,
Through Manager,
Banjari Square, Kolar Main Road,
Bhopal
97. Ramayana Marriage Garden,
Through Manager,
Kolar Road, Bhopal
98. Akansha Garden,
Through Manager,
Near Patel Nagar, Raisen Road,
Bhopal
99. Raja Shaadi Hall,
Through Manager,
Near Arjun Bhavan, Opp. Old Meyo Hospital,
Shahjanabad, Bhopal
Original Application No. 18/2013 11
100. Rajdoot Garden,
Through Manager,
Kartar Arcade, Gurunanakpura, Raisen Road,
Bhopal
101. Asha Marriage Hall,
Through Manager,
Opp. Center Point, Jinsi Chouraha,
Jahangirabad, Bhopal
102. Taj Marriage Hall,
Through Manager,
H. No. 63, Near Masjid Purai Chouk Barkhedi,
Jahangirabad, Bhopal
103. Rajdhani Shaadi Hall,
Through Manager,
Shop No. 37, Pul Bugda, Opp. Capital Petrol Pump,
Raisen Road, Bhopal
104. Karma Shaadi Hall & Garden,
Through Manager,
Ratan Colony, Bypass Road, New Jail Road,
Karond, Bhopal
105. Balaji Palace,
Through Manager,
Opp. Sant Kripa Palace & Hotel,
Railway Station Road, Hoshangabad,
Bhopal
106. Hindustan Marriage Hall & Tent House,
Through Manager,
Raisen Road, Bhopal
107. Natraj Community Hall,
Through Manager,
Gautam Nagar, Habibganj, Bhopal
108. Adinath Vatika,
Through Manager,
Tulsi Nagar, Bhopal
109. Standard Marriage Garden,
Through Manager,
New Market, Near Mata Mandir,
Gitanjali Chouraha, Bhopal
110. Balaji Mangalik Parisar,
Original Application No. 18/2013 12
Through Manager,
10 B Old Subhash Nagar Road,
Bhopal
Counsel for Applicant : - : Shri Vivek Choudhary, Adv.
Counsel for Respondents : -
Shri Sachin K.Verma, Advocate : Respondent Nos.1, 3 & 5.
Shri Asadullah Khan, Advocate : Respondent No. 2
Shri Shivendu Joshi, Advocate.
for Shri Purushaindra Kaurav, Advocate : Respondent No. 4
Shri Ravi Kant with Shri Nishant : Respondent Nos. 6, 82, 83,
Goel, Advocate, 89, 90
Shri Shantanu Saxena, Advocate : Respondent Nos. 7, 8, 17,
18, 32, 64 & 79
Shri Deepesh Joshi, Advocate : Respondent Nos. 9, 11, 12,
13, 15, 16, 23 & 31.
Shri Anshul & Shri Ankit Saxena, Adv. : Respondent Nos. 30, 33,
34, 35 & 36.
Shri Om S Shrivastava, Advocate : Respondent Nos. 10, 2, 28,
41, 45, 54, 55, 72, 73, 75, 78,
103, 105, 107
Shri Sudhir Shrivastav, Advocate : Respondent Nos. 14, 48,
69, 105.
Shri Pushpendra Tiwari, Advocate : Respondent Nos. 24 & 65
Shri Rafique Khan, Advocate : Respondent Nos. 74 & 104
Shri B.K. Chaturvedi, Advocate : Respondent No. 95.
CORAM:
Hon’ble Mr. Justice Dalip Singh (Judicial Member)
Hon’ble Mr. P.S.Rao (Expert Member)
Dated: May 6th
, 2014
Delivered in the open Court by Hon’ble Mr. Justice Dalip Singh
J U D G M E N T
Original Application No. 18/2013 13
1. This Original Application has been filed under Section 18 of the National
Green Tribunal Act, 2010 highlighting the problems arising out of running
of marriage gardens, function halls and similar activities of holding parties
etc. in such premises in and around the city of Bhopal resulting in pollution
of the environment with particular reference to non-observance of the
Municipal Solid Waste (Management and Handling) Rules, 2000 (in short
referred to as MSW Rules) as well as violation of the provisions of the
Environment (Protection) Act, 1986 (in short referred to as EP Act) and the
Rules made thereunder as also the Water (Prevention & Control of
Pollution) Act, 1974 (in short referred to as Water Act) and the Air
(Prevention & Control of Pollution) Act, 1981(in short referred to as Air
Act). The prayer made is for seeking a direction against the Respondents for
strict implementation of the aforesaid statutory provisions and also
regulating the aforesaid activity and bringing it within the jurisdiction and
regulatory control of the Respondents as it is alleged that at present there are
no clear-cut provisions for regulating the aforesaid activity or for issuance of
licences for the aforesaid activity. It is submitted that such activities are
going on throughout the city and in particular around the lakes of Bhopal
city which often results in disposal of solid waste as well as sewerage from
such gardens post event into the lakes in total violation of the provisions of
the Water Act as well as the MSW Rules and also the Wetlands
(Conservation and Management) Rules, 2010 apart from other provisions.
2. This Tribunal vide its order dated 23rd
April, 2013 directed issuance of
notice to all the Respondents. A Miscellaneous Application bearing number
2/2013, was filed by the Applicant seeking interim orders restraining the
owners of the marriage gardens from throwing waste generated in their
premises located in the vicinity of upper lake and other lakes of Bhopal city
Original Application No. 18/2013 14
and from discharging such material without treatment and without
permission in an unauthorised manner into the lakes in total violation of the
laws. The Tribunal after hearing the learned counsel for the parties on 8th
May, 2013 considered the matter and was of the opinion that since the
enforcing agency is not the State Pollution Control Board and only the
Municipal Corporation has the power and mechanism to enforce the
regulatory and restraint orders, passed the following order : -
“…………We are of the view that taking note of conduct of
marriage halls in throwing waste into water bodies, the said
conduct has to be put to an end in the interest of environment and
protection of water course. However, the State Pollution Control
Board is not the authority to carry out such directions. The
Municipal Corporation has to do so. There shall be an order of
interim injunction against the Respondent/Marriage
Gardens/Barat Grihs from throwing any waste generated on their
premises in the upper lake and other lakes and discharge any
waste material into the lake. The Respondent No. 2/Bhopal
Municipal Corporation (hereinafter referred to as the BMC) shall
ensure the implementation of this order without fail”.
3. On 23rd
July, 2013, the learned counsel for the Applicant brought to the
notice of the Tribunal that the interim order of injunction dated 8th May,
2013 quoted hereinabove, was being violated and the owners/management
of the marriage gardens were still discharging the solid waste into the lakes.
Though it was contended by the learned counsel for the BMC denying the
aforesaid allegations based upon the reply submitted by it on 22nd
July, 2013
however the Tribunal felt that the reply of the BMC was not satisfactory and
accordingly considered the matter to be of serious concern and vide its order
dated 23rd
July, 2013 thought it fit to direct for an inspection of the lake
areas by a Committee consisting of the Member Secretary, Madhya Pradesh
State Pollution Control Board (in short referred to as MPPCB) as Chairman
along with Additional Commissioner, BMC and Deputy Director, Town &
Country Planning Department. The Tribunal also directed the Respondent
Nos. 1 & 3 to file a detailed report on the next date of hearing as to how
Original Application No. 18/2013 15
many such marriage gardens had been given permission and authorization
and also whether any permissions for construction of structures have been
given, if not, how many such marriage gardens had raised constructions
without authorization and permission, in which event what action had been
initiated against them in the past. On 23rd
August, 2013, the report of the
inspection carried out on 16th August, 2013 by the Committee as constituted
by the Tribunal under its order dated 23rd
July, 2013 was submitted. Some
of the important observations found during the inspection as mentioned in
the report are as follows : -
“a. The team inspected 24 marriage gardens/shadi halls as per
the detailed format enclosed as Annexure-III, however during the
inspection all the marriage gardens were not functional due to off
season for marriages.
b. Out of 24 marriage gardens/shadi halls, 2 located at
Phatehgarh near Sadar Mazil, 02 at Khanugaon, 2 at Ahmdabad
Palace, 3 at VIP road and 9 at Lalpur, Bhopal may be classified as
critical for the reason of possibility of direct discharge of effluent
into the lake water.
c. The location of kitchen of these shadi halls was at the back
yard where unhygienic conditions were observed. It was found that
there is no regular lifting of kitchen waste even sewer lines of 3
marriage gardens were found almost chocked. Lifting of
MSW/plastic waste needs a proper system to segregate, collect and
dispose of the same in environmentally safe manner.
d. Water samples of upper lake and nearby Nallahs were drawn
and analyzed as shown in the attached sheet at Annexure-IV.
e. As per general observation, the kitchen of the marriage
gardens were located at the back yard close to the upper lake and
making all possibilities of discharge of domestic effluent by
bypassing the existing arrangements of sewer connection.
f. The hygienic conditions of kitchens were not good. The
kitchen waste and municipal solid waste was lying in the premises.
The existing sewer lines were chocked.
g. No marriage garden/shadi hall has so far obtained consent
from MPPCB under Water (Prevention & Control of Pollution) Act,
1974 and Air (Prevention & Control of Pollution) Act, 1981 and
Authorization for DG-Set under Hazardous Waste (Management
Handling & Transboundary Movement) Rules, 2008.
(emphasis supplied)
4. Apart from recording the above specific observations in the inspection note
it was submitted in the course of hearing that the aforesaid 24 marriage
gardens were found to be polluting and violating the provisions of law to
Original Application No. 18/2013 16
whom show-cause notices had also been issued to show-cause why action
should not be taken against them.
5. Some of the Respondents filed their reply and raised objections against the
aforesaid inspection report. The objections were filed in the form of MA
No. 71/2013 wherein inter alia the jurisdiction of the Tribunal in the matter
was also contested. It was also submitted that the Additional Commissioner
who was a Member of the Inspection Committee was not present and
appointed his representative who alone attended the inspection. It was also
submitted that no prior notice was given to the owners of the management of
the marriage gardens before carrying out the inspection. It was also stated
that the Committee exceeded its jurisdiction by taking into consideration the
problems as a result of there being no parking area which has no bearing
with regard to the environmental issues. It was also alleged that the issues
with regard to running of Diesel Generator sets (in short DG sets) was also
beyond the scope of the Original Application and disposal of leftover food
cannot in any manner be considered as hazardous waste so as to bring the
matter within the purview of the Tribunal under the NGT Act of 2010. The
aforesaid miscellaneous application was proposed to be disposed of while
deciding this Original Application.
6. On the other hand, the Applicant moved a miscellaneous application bearing
No. 58/2013 with the prayer that since the inspection of only a limited
number of marriage gardens had been carried out by the Committee,
inspection should have also been carried out of remaining such premises in
the city of Bhopal. It was also prayed that the BMC should be directed to
submit a final report of such premises located zone-wise in the respective
zones of BMC. It was also prayed that the Respondent Nos. 1 & 3/State of
Madhya Pradesh and the District Collector, Bhopal be directed to furnish a
Original Application No. 18/2013 17
list of names of owners of such marriage gardens who are carrying on the
aforesaid activity with or without permission/authorization of the Town &
Country Planning Department and should also provide the aforesaid
information.
7. Both the aforesaid M.As i.e. M.A. Nos. 58/2013 filed by the Applicant and
M.A. No. 71/2013 filed by the Respondents, are now disposed of in the light
of the developments that occurred during the further course of hearing
before the Tribunal. On 20th
September, 2013, a direction was issued to the
BMC to place before the Tribunal the Rules/Byelaws which govern such
activity and issuance of licenses/authorizations in the city of Bhopal and
whether prior to such licenses/authorization, environmental issues were also
taken into consideration particularly with reference to the disposal of solid
waste, discharge of sewerage, checking of noise pollution and air pollution
levels which are likely to be caused as a result of the use of DG sets for
electrification and decoration in the premises of marriage gardens, traffic
congestion on the roads due to non-availability of parking space within the
premises resulting in traffic jams and consequential air pollution.
8. Learned counsel for the BMC was also directed to inform the Tribunal what
measures are put in place for disposal of solid waste post event from such
premises. On the next date of hearing i.e. on 25th September, 2013 learned
counsel for the State of Madhya Pradesh Shri Sachin Verma submitted that
the aforesaid activity with regard to running of marriage gardens is being
dealt with and being carried out in terms of licenses issued to the owners of
such premises under the provisions of the Town & Country Planning statutes
and the Municipal Bye-laws and it was submitted that in the conditions of
granting the licenses, provision with regard to prevention of pollution finds
place at condition No. 12. Condition with regard to providing mandatory
Original Application No. 18/2013 18
parking area also finds place so also regarding maintenance of green-belt
and planting of trees. Provisions with regard to disposal of sewage have also
been incorporated and that no sewerage or solid waste shall be discharged
into the lakes by way of condition No. 25. It was submitted that the breach
of any of these conditions results in revocation of the licence. It was
however conceded that most of the marriage gardens premises are running
without obtaining any permission.
9. Learned counsel for the Respondents, on the other hand, submitted that there
are no specific Bye-laws regulating the aforesaid business of running
marriage gardens within the municipal areas and that the permission of the
Town & Country Planning Department referred to by the learned counsel for
the State, does not specifically mention running of marriage gardens but
only refers to Resorts and Health Clubs and therefore it is not obligatory on
their part to take such permission and licences and generally this lacunae is
taken as shelter by most of the owners of such premises.
10. The Tribunal, therefore, considered the matter from the point of
environmental issues relating to water, air and noise pollution and directed
that the Pollution Control Board shall take effective steps with the assistance
of the District Administration and Police Authorities for enforcement of the
existing provisions as may be applicable in the case of air, water and noise
pollution respectively for prevention of the same and launch prosecutions
against the defaulters wherever necessary. It was, however, felt that it was
necessary looking to the increased number of such marriage gardens and
similar activities within the city of Bhopal, that effective measures in the
form of regulatory provisions be enacted by way of Bye-laws under the M.P.
Municipal Corporation Act, 1956 for regulating the aforesaid activities
Original Application No. 18/2013 19
wherein provisions with regard to the environmental issues be also kept in
mind.
11. On subsequent date, the learned counsels for the State and the BMC
informed the Tribunal that on the suggestion of the Tribunal, draft
rules/Bye-laws are under preparation. Such draft rules were also placed for
the perusal of the Tribunal to which several suggestions were made by the
learned counsels appearing for the Respondents. In view of the above, on
the suggestion of the Tribunal learned counsel for the State submitted that all
the concerned stakeholders and persons interested would be invited for a
meeting for discussing the aforesaid issues which would be convened on 6th
November, 2013 in the conference hall of the Town & Country Planning
Department. It was also submitted that all those who are interested may
attend the meeting to give their suggestions, both oral and written.
Accordingly the said meeting was held wherein various persons gave their
suggestions and in pursuance of the same draft rules were prepared and sent
to the Government of Madhya Pradesh for approval in accordance with the
provisions of the Municipal Corporation Act, 1956. Learned counsel for the
State also brought to our notice that the Hon’ble High Court of Madhya
Pradesh, Indore Bench had also issued certain directions in a writ petition
decided by it for framing of rules with regard to running of marriage gardens
in Ujjain city and had also in its judgment given certain directions in this
behalf. It was further submitted before us that both the draft rules as well as
the directions given by the Hon’ble High Court of Madhya Pradesh with
regard to the aforesaid issue of regulating the business of running marriage
gardens and grant of permissions was under active consideration of the State
Government.
Original Application No. 18/2013 20
12. Today we have heard learned counsel for the parties on all the issues that
have been raised and also perused the judgment dated 14th November, 2013
in the case of “Dheerendra Jain & Ors. vs State of M.P. & Ors.” in Writ
Petition No. 44/2011 decided by the Hon’ble High Court of Madhya
Pradesh. The Hon’ble High Court’s order at Para No. ‘10’ of the judgment is
reproduced below for the sake of convenience :
“10. After perusing the proposed byelaws for Municipal
Corporation, Ujjain for Municipalities in general, it is necessary
to issue appropriate direction to the Municipal Corporation
Ujjain and a direction to the State Government to direct the
Municipal Corporations and Municipalities to undertake the
exercise of adopting and/or framing byelaws.
(b) Until the municipal corporations and State of MP undertake
and complete the exercise of framing byelaws, the proposed
byelaws reproduced above shall be implemented by all municipal
corporation in letter and spirit w.e.f. 1/12/2013.
(c) Until the exercise of framing byelaws for municipalities is
completed the proposed byelaws shall apply for the transitional
period in all municipalities in the State of M.P. and the State
Government shall issue necessary orders within two weeks”.
13. We may first take up the issue raised by some of the Respondents in M.A.
No. 71/2013 filed on 20th
September, 2013. Since during the course of
subsequent hearing of the case on later dates after 25th September, 2013 with
a broad consensus of all the parties, the State Government agreed to bring
into force a comprehensive set of Bye-laws/rules for regulating the aforesaid
activity of running marriage gardens after inviting suggestions from all the
persons interested in the matter including owners of the marriage gardens
such as the Respondents who filed M.A. No. 71/2013, we do not consider it
necessary to go into much detail on the objections raised by the Respondents
in the said M.A. that no prior notice was issued to the owners of the
marriage gardens before the inspection was carried out and we feel that the
Tribunal under its order of 23rd
July, 2013 had directed for the inspection to
be carried out and filing of the report before the next date i.e. 23rd
August,
2013. The aforesaid order of 23rd
July, 2013 had been passed in the presence
Original Application No. 18/2013 21
of the counsel for the Respondent Nos. 9, 11, 12, 13 & 15 to name a few and
as such the Respondents were fully aware about the order having been
passed for causing the inspection and submission of the report by the next
date i.e. 23rd
August, 2013. Thus, the Respondents cannot be heard to say
that there was no prior intimation or notice given to them for conducting the
inspection. There is no merit in the aforesaid objection and the same
accordingly deserves to be rejected.
14. The objection with regard to the jurisdiction of the Tribunal in dealing with
the aforesaid question of regulating the activity of running of the business of
the marriage gardens is concerned, we have confined ourselves to the issue
with regard to the water, air and noise pollution in terms of the provisions of
the Water Act, 1974, Air Act, 1981 and the EP Act and Rules, 1986 with
special reference to the provisions contained in the rules with regard to the
operation of DG sets and compliance of noise levels and ambient air quality
standards as a result of running of such DG sets and the traffic congestion
that is caused due to non-availability of sufficient parking space which
results in air pollution from vehicular traffic and use of amplifiers and
loudspeakers causing noise pollution. The submission of the Respondents in
the aforesaid application that leftover food cannot be treated as hazardous
waste is also without substance. The leftover food due to various reasons
attracts vermin, gets infected with bacteria etc. which is liable to cause
harm to humans as well as other living creatures and even the environment
by spreading harmful diseases. If they are left untreated or not disposed of
in a proper manner, such leftover food would definitely cause damage to the
environment in the surroundings. It cannot be denied that discharge of
such waste into the water bodies without proper treatment of
Original Application No. 18/2013 22
solid waste and sewerage results in pollution of the water and violates the
provisions of the EP Act, 1986 along with its Rules and the Water Act, 1974.
15. We, therefore, dismiss M.A. No. 71/2013 filed by the Respondents as being
without merit and hold that this Tribunal has the jurisdiction in the facts and
circumstances to deal with the aforesaid issues raised in this petition.
16. With regard to M.A. No. 58/2013 filed by the Applicant which also
remained pending regarding giving directions to the Respondents for
carrying out the inspection of all the remaining marriage gardens in the city
of Bhopal and to submit a final zonewise inspection report as also directing
the Respondents to submit a report with regard to such marriage gardens
giving a list of the same which may be under operation with or without valid
licenses is concerned, it has already been stated by the learned counsel for
the State that there are no specific rules or Bye-laws covering the aforesaid
field as was stated before us on 25th September, 2013 and accordingly on the
suggestion of the Tribunal the State has undertaken the exercise for framing
the draft rules and the matter is pending before the State Government for
consideration. Also necessary directions have already been issued by the
Hon’ble High Court in the decision rendered on 14th
November, 2013 in the
case of Dheerendra Jain & Ors. Vs. State of M.P. & Ors.(supra).
17. As far as the question of conducting regular inspection of such marriage
gardens is concerned, it is expected that the State Pollution Control Board
through its Regional Office will carry out such inspection wherever they find
that provisions of the Air, Water and EP Act and notifications/rules issued
thereunder, are being violated. In the light of the order, we find that no
direction on the aforesaid is required to be issued separately and thus M.A.
No. 58/2013 also stands disposed of. However, it is made clear that any
interested person may submit a complaint to the Regional Officer of the
Original Application No. 18/2013 23
Pollution Control Board or the Bhopal Municipal Corporation if there is any
violation of the rules or conditions of the licence and the said authority shall
within 24 hours of receipt of such complaint, carry out an inspection and
take necessary action in accordance with law.
18. There is however one more issue which was brought to the notice of this
Tribunal with regard to the non-compliance of the notice issued based on the
inspection report, by the management of 24 marriage gardens and running
the aforesaid marriage gardens in violation of the provisions of Air and
Water Acts. So far as the aforesaid matter is concerned as was observed by
the Tribunal in its order of 23rd
August, 2013, that the concerned officer of
Pollution Control Board, Regional Office, Bhopal after going through the
report and the observations made thereunder shall proceed to give show-
cause notices or if already issued shall conclude the matter to its logical end
by taking suitable action against the defaulters. As we have already
mentioned, it is the duty of all the Regional Officers of the State Pollution
Control Board to carry out such inspections regularly and take action in
accordance with law whenever such non-observance or violence of
provisions of the Air, Water and EP Acts is found including imposing
penalties, prosecution or closure of the establisher’s unit. We have also been
informed that such notices have been issued by Bhopal Municipal
Corporation and in some cases replies have also been filed. We direct that
the pending matters shall be decided latest by 10th
June, 2014 and
compliance reported to this Tribunal.
19. Shri Sachin Verma, learned Standing Counsel for the State has informed us
that as soon as the draft rules are prepared and approved by the State
Government, they shall be brought onto the Statute Book for
implementation. He submits that the delay is only due to the ongoing
Original Application No. 18/2013 24
General Elections to the Lok Sabha on account of which the Model Code of
Conduct issued by the Election Commission is in force.
20. Be that as it may. It is expected that the Respondents in the meanwhile shall
enforce the provisions of the Water, Air and EP Act and various
notifications issued thereunder with regard to the air, water and noise
pollution as well as maintenance of National Ambient Air Quality Standards
in accordance with law.
21. It is directed that while the owners/Managers of the Marriage/Party gardens
and function halls shall comply with the provisions of the MSW Rules, 2000
however it is often seen that use of plastic and disposal plates/tumblers and
containers/bottles is resorted to by the organisers of such functions and the
caterers and service providers. Case must be taken by the owners of such
premises to ensure that such plastic waste is not mixed with other solid
waste and the municipal authorities shall ensure that such plastic waste is
disposed of separately in accordance with the provision of the Plastic Waste
(Management and Handling) Rules, 2011 and more particularly rule 6
thereof which deals with the responsibility of the municipal authorities in
this behalf for (i) safe collection (ii) storage (iii) segregation (iv)
transportation (v) processing and (vi) disposal of plastic waste and further
ensuring that no damage is caused to the environment during this process.
Thus while granting licences and permissions the Pollution Control Board
and Municipal Authorities shall give necessary and Municipal Authorities
shall give necessary guidelines in this regard and create necessary
infrastructure for this purpose and if necessary, impose fee on the licencees.
22. A similar matter came up for adjudication before the Principal Bench of this
Tribunal in Original Application No. 164/2013 in the matter of Pankaj
Original Application No. 18/2013 25
Sharma Vs. MoEF & Anr. and the Tribunal directed as follows : -
“The issue involved in this case is about the large number of
mushroom development of restaurants which have illegally come
out in the Hauz Khas Village without obtaining the required
consents under the Water (Prevention & Control of Pollution) Act,
1974 and the Air (Prevention & Control of Pollution) Act, 1981
and the necessary licenses. It is seen that these restaurants have not
only been operated without proper clearance as per law but are
discharging effluents, drawing potable water, apart from causing
nuisance and environmental hazards in the said village which for part of the city of Delhi.”
Subsequently, keeping in view the greater public interest, the Tribunal
passed an interim order to close down those restaurants that were found to be
violating the laws. The Tribunal in its order dated 20th
September, 2013 observed
as follows : -
“Considering the seriousness of the issue of health hazard which is
being caused, we have no hesitation to hold that the balance of
convenience in granting certain interim orders is in the interest of
the public. Accordingly, we hereby direct the closure of all the
restaurants situated in Hauz Khas area which are running without
obtaining proper permission from the appropriate authorities till
the next date of hearing. There shall also be an order of injunction
against everyone from starting any new restaurant in the said area.
The Respondent No. 2 shall scrupulously implement the above said
order and report of same by the next date of hearing.
23. The issue with regard to noise pollution created in the premises of marriage
gardens, function halls etc. came up for consideration before this Tribunal on
21st February, 2014 and the Tribunal and passed the following orders : -
“In regard to noise pollution, the Principal Bench of NGT at New
Delhi in its judgment of Supreme Court Group Housing Society vs.
All India Panchyat Parishad & Ors. decided on 18th December,
2012 has given detailed directions after considering the relevant
provisions of the Notification in the Act on aspects. The Para 9 of
the abovesaid judgment is reproduced as under: -
“In compliance with our directions, it appears a detailed Action
Plan has been prepared in the meeting conveyed by the Divisional
Commissioner, Delhi, the decisions taken, modalities adopted and
duties assigned to various departments which attended the meeting.
On perusal of this Action Plan, we feel that by and large it should be able to reduce/mitigate noise pollution. However, to make it
Original Application No. 18/2013 26
more effective, few modifications have been suggested by us and
modified Action Plan is placed below : -
(a) To establish and run a call centre where the complaints related to
noise pollution can be lodged 24 x 7 hours by the citizen.
(b) To draw a detailed action plan / standard operating procedure
(SOP) regarding control of noise pollution in industrial, hospitals
and educational/institutional areas including monitoring
mechanism and surveillance system.
(c) To draw a detailed action plan / standard operating procedure
(SOP) to implement ban or use of generator sets of capacity of 5
KVA and above in the residential area between 10 p.m. to 6 a.m.
(d) To examine and issue notification regarding inclusion of provisions
for compounding of offences of noise pollution
(e) To examine in details the requirement of use of decibel meters and
to prepare a detailed standard operating procedure in this respect
including maintenance and up-keep of sound decibel meters.
(ii) Actions to be taken by Transport Department : -
(a) Inclusion of status of pressure horn in the vehicle at the level of
issuing pollution control certificate.
(b) To issue notifications with respect to increase of fine amount, ban
on manufacturing / distribution / sale of pressure horn and ban on
modification of vehicular silencers in the NCT of Delhi.
(c) To check and prohibit the entry of heavy vehicles fitted with
pressure horn and to arrange for awareness in the form of
pamphlets / slips etc. in association with DCs and Traffic Police.
(d) To conduct Information Education and Communication (IEC)
programmes in association with Education Department and the
DCs.
(iii)Actions to be taken by the Traffic Police : -
(a) Mandatory Challan and prosecutions of noise polluting vehicles
(b) Strict implementation of the acts/rules/directions.
(iv) Actions to be taken by the Delhi Police : -
(a) The complaints so forwarded by the call centre be attended
immediately by the Area SHO and confiscation and seizure of the
amplifiers and other noise pollutants. Production of the case
before the area SDM within 24 hours of such seizure.
(b) To assist the area SDM in survey of the religious places causing
noise pollution and provide necessary infrastructure to remove
noise causing instruments and gadgets.
(c) To provide full support to the executing agencies as and when
required.
(v)Action to be taken by the Office of the Deputy Commissioner: -
(a) SDMs to hear the cases and file prosecutions.
(b) SDMs to complete survey of religious places causing noise pollution and take steps to remove such installations.
(c) DCs to chalk out modalities in consultation with Transport
Department for checking the vehicles fitted with pressure horn at the borders of Delhi with neighbouring states.
Original Application No. 18/2013 27
(d) To conduct Information Education and Communication (IEC)
programmes in association with Education Department and the Transport Department.
(iv) Actions to be taken by the Education Department, GNCT
of Delhi :
(a) To incorporate education materials in the curriculum of the
schools with respect to control of noise pollution.
To organize the IEC activities amongst the students and youth in
consultation with the DCs.”
The above orders are reiterated and shall form part of the judgment.
24. Therefore, we make it clear that till such time the Municipal Corporation,
Bhopal does not take a decision in pursuance of the notice issued after the
inspection was carried out on 16th
August, 2013, the aforesaid 24 ‘marriage
gardens’ shall not be permitted to carry on such activity in their respective
premises. We make it further clear that the Respondent/Municipal
Corporation, Bhopal shall decide the matter positively on or before 10th
June, 2014.
25. As already stated above, the State Government was directed under the orders
of the Tribunal for constituting a Committee for preparing the draft rules and
also consulting the representatives of the public as well as the owners of the
marriage gardens and taking their suggestions for the preparation of such
draft rules and learned counsel for the State brought to the notice of the
Tribunal that a meeting was convened and the draft rules were prepared for
the purpose as was given out and recorded in the order of 17th December,
2013. Further, as already brought out supra while the State Government is
seized of the matter, the Hon’ble High Court of Madhya Pradesh, Bench at
Indore had given a decision on 14th
November, 2013 in the case of
Dheerender Jain and Ors. Vs. State of Madhya Pradesh & Ors; Writ
Petition No. 44/2011 and directed the State Government to implement the
directions issued in the said judgment dated 14th
November, 2013 with
regard to the conduct and grant of permission for running such marriage
Original Application No. 18/2013 28
gardens/party lawns primarily in accordance with the bye-laws framed and
applicable to the Municipal Corporation, Ujjain.
26. Shri Sachin Verma, learned Standing Counsel for the State submitted that in
accordance with the decision of 14th
November, 2013 of the Hon’ble High
Court (supra), the State Government had issued an order dated 29th March,
2014 for regulating the activities of marriage gardens in the State of Madhya
Pradesh including the city of Bhopal and as per that order, the bye-laws
framed by the Municipal Corporation, Ujjain were made applicable
throughout the State of Madhya Pradesh. It was submitted that the concern
with regard to the environmental issues had also been included in the
aforesaid bye-laws and the orders issued on 29th
March, 2014 by the State
Government and that the rules/Bye-laws to be made applicable throughout
the State were under preparation for which an additional affidavit has been
filed today during the course of hearing through one, Shri R.M. Saxena,
Executive Engineer, Urban Administration & Development Department,
Bhopal Division wherein it has been submitted that in compliance of the
decision of the Hon’ble High Court of Madhya Pradesh dated 14th
November, 2013 while bye-laws pertaining to the Municipal Corporation,
Ujjain have been made applicable throughout the State, the task of
promulgating the bye-laws, as directed by the Hon’ble High Court, is
ongoing on.
27. Shri Sachin Verma, learned Standing Counsel for the State submitted that
the views expressed by the Applicant in the petition particularly with
reference to the concerns expressed on environmental issues and permission
required for preventing violation of the Air Act and Water Act as well as the
notification issued by the MoEF pertaining to noise pollution and ambient
air quality standards the use of diesel generators as well as norms for
Original Application No. 18/2013 29
regulation of traffic and preventing traffic jams, shall be taken care of in the
new set of rules as these provisions have already been incorporated in the
draft rules through the exercise undertaken in pursuance to the orders of this
Tribunal and wherever the bye-laws of the Municipal Corporation, Ujjain
are found wanting, in this behalf necessary provisions shall be made in the
new set of rules to be prepared by the State Government and issues
pertaining to environmental concern shall be incorporated in the rules and
conditions of the licence including obtaining prior permission of the State
Pollution Control Board.
28. While the issues which have been raised in the O.A. filed by the Applicant
have been taken care of both by the Hon’ble high Court in its judgment
dated 14th November, 2013 in the case of Dheerendra Jain & Ors. Vs. State
of Madhya Pradesh & Ors.(supra) as well as the draft rules prepared by the
Committee constituted during the pendency of this O.A. under directions of
this Tribunal, we have no hesitation to hold that the problems related to
environmental pollution caused by the marriage gardens/function halls
which have been highlighted by the Applicant, shall be taken care of.
29. The issue with regard to the persons and owners of marriage gardens to
whom notices have been issued as also the other such owners of premises
shall be required to comply with the directions issued by the Hon’ble High
Court in Dheerendra Jain & Ors. Vs. State of M.P. &Ors. (supra) and all
those owners of premises or managers or persons having control over the
same shall seek necessary permission from the authority/officer under
Clause (h) of Rule 2 of the Ujjain Municipal Corporation bye-laws as
applicable throughout the State under the orders of the State Govt. dated 29th
March, 2014. All marriage/party gardens and lawns/ function halls shall
also necessarily obtain such permission from the authorised officer with
Original Application No. 18/2013 30
prior clearance from Pollution Control Board and such applications shall be
filed in the prescribed form appended to the bye-laws and the Municipal
Corporation, Bhopal shall deal with each individual application in
accordance with these bye-laws.
30. So far as 24 persons to whom notices have been issued, it is made clear that
in case they are found guilty of polluting the lake and the surroundings or
orders are passed against them by the Bhopal Municipal Corporation in
pursuance to the notices issued to them, the said matter shall be brought to
the notice of this Tribunal and their continuance shall be decided by the
Tribunal after the matter is taken up for consideration and compliance by the
Tribunal when this case is listed for reporting compliance on 25th July,
2014.
31. So far as the M.A. No. 216/2014 filed by the State is concerned, we make it
clear that we are not extending the time, as prayed by the learned counsel for
the State for compliance of the directions issued by the Hon’ble High Court
in Dheerendra Jain & Ors. Vs. State of M.P. &Ors. (supra). The Municipal
Corporation, Bhopal and the State of Madhya Pradesh shall file compliance
report by 25th
July, 2014. The M.A. No. 216/2014 is dismissed.
32. The O.A. No. 18/2013 accordingly stands disposed of. Matter be listed in
the court for compliance on 25th
July, 2014.
(Mr. Justice Dalip Singh)
Judicial Member
Bhopal:
May 6th
, 2014
(Mr. P.S.Rao)
Expert Member