1. The present Original Application was filed making a complaint that the respondent no. 1, M/s USK Exports Private Limited was using heavy hammer operation which produced very high decibel sounds i.e. 80.9 dB and that this industry is approximate 150 mtrs. from the residential area and it also generates seismic waves in the surrounding areas. It was alleged that though the complaints were made to the authorities but no action was taken.
2. The Tribunal prima facie found that the averments made in the application raised question relating to environment arising out of the implementation of the enactment specified in Schedule I to the National Green Tribunal Act, 2010.
3. By order dated 01.12.2022, notice was issued to the respondent with the direction to file the reply and the joint Committee was constituted to the following effect:-
“4. In view of the averments made in the application, we consider it appropriate that a Joint Committee be constituted to verify the factual position. Accordingly, we constitute a Joint Committee comprising of CPCB, State PCB and District Magistrate, Ghaziabad and direct the same to meet within two weeks, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponent, verify the factual position and submit its report within two months by e-mail at judicial-ngt@gov.in preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF. The State PCB will be the nodal agency for coordination and compliance.”
4. The joint Committee has submitted the report along with the covering letter dated 13.03.2023 disclosing that the respondent industry was established and operational in south side of GT Road industrial area, an authorized industrial area developed by Uttar Pradesh Industrial Development Authority (UPSIDC) along with the erstwhile National Highway 24 and now developed as Delhi-Meerut Expressway. The industry was established and functional since 2006 and is a forging unit, engaged in Iron and Steel forging along with machining for manufacturing pipeline flanges. The report also mentions that 5 hammers and 4 P.N.G. fired re-heating furnaces are installed in the industry for forging work. The report takes note of the measures taken by the unit to control vibrations and sound by installing anti-vibration pad, acoustic insulation panels etc. However, certain observations were made in the report in respect of not meeting the prescribed noise standard during the day as well as night.
5. The relevant extract of the report is as under:-
“13. From above, it is evident that though the sound levels within the industrial shed are high at the time of operation of hammers, same is controlled with the help of insulation medium and is not felt outside the unit. Being adjacent to the highway and vehicular movement within the industrial area, ambient noise in the industrial area as well as Village Dudaheda does not meet prescribed noise standards during day as well as night.
14. During night monitoring on 31.01.2023, it was observed that when the hammer is operated intermittent sound is heard on other side of the highway. Though the hammer is placed inside the industrial shed and work of installation of acoustic insulation panel is almost complete, the said unit should expedite the said work as it will further nullify the issue of intermittent sound as well.
15. With regards to seismic tremors, same has not been measured by the Joint Committee but no such issue was observed even outside the industrial shed and within the premises of M/s USK Exports (P) Ltd.”
6. By order dated 19.05.2023, the respondent was granted opportunity to file additional reply giving details of the action taken for abatement of noise pollution along with the relevant documents/supporting material. The respondent by filing the additional reply dated 25.07.2023 has disclosed further steps taken by it to take care of the lapses noted in the joint Committee report for abatement of noise pollution. The additional reply reveals that following further steps have been taken by the respondent to solve the issue of noise pollution:-
“6. That the Answering Respondents have completely enclosed the shed of the factory facing the main road with "Noise Barrier Panels". These "Noise Barrier Panels" insulate the outside from any sound that is being made inside the factory shed.
7. That the "Noise Barrier Panels" have been procured from M/s Ecotone Systems Private Limited, a well reputed company in the field of acoustics controls and have a vast experience in controlling noise/sound. We are attaching herewith the product brochure of the manufacturer as ANNEXURE 1.
8. That the total cost of the "Noise Barrier Panels" purchased from M/s Ecotone Systems Private Limited is Rs. Rs.24,30,401.78 as per their invoices listed below.
Invoice No. Date Amount
ESPL/22-23/171 24.12.2022 470147.40
ESPL/22-23/173 31.12.2022 491891.86
ESPL/22-23/193 25.01.2023 511792.56
ESPL/22-23/208 13.02.2023 592725.80
ESPL/22-23/225 09.03.2023 363844.16
Total 2430401.78
The Invoices are enclosed as ANNEXURE 2
9. That a sum of Rs.2,80,710.00 has been spent on fabricating and installing the "Noise Barrier Panels". The amount has been paid to M/s Abhimanu Singh as per their invoices as per ANNEXURE 3.
10. That we are attaching herewith pictures of the factory shed with the noise "Noise Barrier Panels" put in place as ANNEXURE 4
11. That it is reiterated that the factory of the Answering Respondents is situated in a confirmed Industrial Area on a plot allotted by the Uttar Pradesh State Industrial Development Corporation for the same purpose for which it is being used.”
7. The additional reply reveals that the respondent has all the necessary permissions and sanctions from the concerned Pollution Control Board. Nothing has been pointed out by the applicant to show that after taking above remedial measures, the sound level is still beyond the prescribed limit. Hence, at this stage we are of the opinion that no further action in this OA is required. However, regular monitoring of the unit is necessary to ensure that the sound limits are not violated.
8. Hence, we direct the Regional Officer of UPPCB to regularly monitor the respondent unit, in terms of complete installation of noise pollution control measures at source generating points and prior dissipating in ambient air and duly monitored under consent to operate regime and take immediate appropriate action, in case if violation of sound norms is found.
9. The Original Application is accordingly disposed of.
