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‘Delay in noise pollution report due to transfers and Covid disruption’: Former HC Judge to NGT

On February 3, 2022, the committee sought more time to file a report on the matter owing to various reasons. It stated that “within a short span, there was frequent change/transfer of nodal officers from the Delhi Police”.

Written by Anand Mohan J | New Delhi |
Updated: February 9, 2022 1:51:26 am
noise pollution delhi national green tribunalA nodal officer was requested to pursue the matter with government agencies, however, the response from the Delhi government is still awaited. (File Photo)

Frequent transfer of Delhi Police nodal officers, leave taken by a Sub-Divisional Magistrate for her marriage and disruption due to the pandemic are some of the reasons cited by a monitoring committee set up by the National Green Tribunal (NGT) for not submitting its report on enforcement of noise pollution measures.

The letter citing the delay in submitting the report, written by Justice S P Garg, a former Delhi High Court judge, was reproduced in an order passed by Justices Adarsh Kumar Goel, Sudhir Agarwal and expert members, Dr Nagin Nanda and Afroz Ahmad. The NGT has given the committee time till April 30, 2022, to complete its work and file the report. The application was filed on behalf of an organisation, Akhand Bharat Morcha, before the NGT for deliberation on the failure of the statutory authorities in Delhi in controlling noise pollution in the capital.

Observing the “repeated failures in the last several years” to enforce noise pollution measures, the tribunal had on August 11, 2020, set up a monitoring committee headed by Justice Garg, noting that in spite of directions, there remained “grievances against compliance and continued violation of norms”.

The representatives of the Chief Secretary and Police Commissioner were also asked to take stock of the situation every week. The tribunal had noted that, when summoned, the DCP and SDM were “found to be non-functional” and asked the Police Commissioner and Chief Secretary to “remedy this situation”.

On February 3, 2022, the committee sought more time to file a report on the matter owing to various reasons. It stated that “within a short span, there was frequent change/transfer of nodal officers from the Delhi Police”.

The letter stated that initially a DCP (PCR) “joined belatedly after the transfer of previous nodal officer”. It lists the immediate transfer of another DCP (PCR) officer and an Additional DCP rank officer. A DCP (operation) rank officer is currently the nodal officer.

“The newly designated nodal officers took their own time to be familiar with the functioning of the committee and the activities carried out by the former nodal officers,” the letter read.

The letter further said a nodal officer was transferred and a new officer was posted. An SDM was on a long leave for her marriage and the “pandemic disrupted the functioning of the committee”.

Three experts were roped in by the monitoring committee for giving suggestions to tackle noise pollution after they were recommended in a meeting. However, their report is still awaited.

The committee stated that various deliberations have taken place in meetings, specifically for the preparation of a legal framework for enforcement, empowerment of local bodies, the delegation of authority to SHOs.

The Delhi Pollution Control Committee (DPCC) has been requested to pursue the matter with the Ministry of Environment to designate the authority from the Revenue Department, Police Department and local bodies to grant permission for the use of noise-emanating instruments like loudspeakers and DJs during public functions and gatherings.

A nodal officer was requested to pursue the matter with government agencies, however, the response from the Delhi government is still awaited.

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