BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONAL …awsassets.wwfindia.org/downloads/neel_choudhary_vs...BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONAL BENCH BHOPAL Original Application

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.


7. Good Garden,

Through Manager,

Behind Suncity, Halpura, Lalghati,


8. Gulshan Garden,

Through Manager,

Lalghati, Halpura,


9. Shikhar Garden,

Through Manager,

Near Sehore Naka,

Bairagarh, Bhopal.

10. Gulshan and Swagat Garden,

Through Manager,

Lalghati,Halpura,


11. Moonlight Garden,

Through Manager,

Lalghati,Halpura,

Indore Road, Bhopal

12. Lion City Garden,

Through Manager,

Lalghati,Halpura,


13. Green City Garden,

Through Manager,

Lalghati,Halpura,


14. Swagat Palace,

Through Manager,

Lalghati,Halpura,


15. Enjora & Palace Marriage Garden,

Through Manager,

Lalghati,Halpura,


16. Merigold Marriage Garden,

Through Manager,

VIP Road, Bhopal Lalghati Square,

Lalghati, Bhopal


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,


Bhopal

26. Fore Seasons Lawn,

Through Manager,


Bhopal

27. Imperial Sabre,

Through Manager,


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,


37. Momin Shaadi Hall,

Through Manager,

New Kabadkhana, Chhola Road,


Bhopal

38. Babul Shaadi Hall,

Through Manager,

New Kabadkhana, Chhola Road,

Bhopal

39. Roshal Glory Shaadi Hall,

Through Manager,

Plot No. 2AB, Qazi Camp,


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,


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,


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,


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,


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,


85. R.K. Farms,

Through Manager,


86. Vasundhara Garden,

Through Manager,

Near Mark Club & Hotel,


87. Rasoi Dhaba,

Through Manager,


88. Hotel Mark,

Through Manager,

NH -12, Hoshangabad Road, Bhopal

89. Nandan Palace,

Through Manager,



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


100. Rajdoot Garden,

Through Manager,

Kartar Arcade, Gurunanakpura, Raisen Road,

Bhopal

101. Asha Marriage Hall,

Through Manager,

Opp. Center Point, Jinsi Chouraha,


102. Taj Marriage Hall,

Through Manager,

H. No. 63, Near Masjid Purai Chouk Barkhedi,


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,


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


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


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


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


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


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


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


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.


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


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


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


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


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


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


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.


(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


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


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


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

Documents

BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONAL …awsassets.wwfindia.org/downloads/neel_choudhary_vs...BEFORE THE NATIONAL GREEN TRIBUNAL CENTRAL ZONAL BENCH BHOPAL Original Application