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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 Goel, Advocate,
:
Respondent Nos. 6, 82, 83, 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
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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
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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 8 th 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
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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
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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
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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 25 th 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
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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
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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.
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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. 23 rd August, 2013. The aforesaid order of 23rd July, 2013 had been passed in the presence Original Application No. 18/2013
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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
Original Application No. 18/2013
water
bodies
without
proper
treatment
of
21
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
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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 showcause 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 10 th 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
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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
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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
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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
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(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 10 th 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 17 th 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
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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
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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 29 th 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
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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 25 th 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
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