Declare permissible noise standards in mixed land use areas: NGT to Punjab govt

Underlining the fact that no permissible limits for noise pollution in the areas recognised under mixed land use have been laid, the National Green Tribunal (NGT) has ordered the state government to declare the ambient noise standards for mixed land use areas. The order came after a Ludhiana resident filed a complaint with the NGT for the closure of an industrial unit in Partap Nagar for causing noise pollution.

The NGT bench in its order on Thursday directed the Punjab government and the authorities concerned to “inspect all mixed land use areas on various parameters of the environment to enquire a total number of residences, commercial establishments and industries and declare ambient noise standards for the mixed land use areas, including Partap Nagar, Ludhiana.”

It said that the areas should be categorised as industrial areas, commercial areas, residential areas, or silence zones and the action-taken report should be filed within four months to the NGT.

Why the order?

Jagjeevan Singh of Partap Nagar had submitted an application under the NGT Act for shutting down the industrial unit, The Mahindra Industrial Corporation, being run at Partap Nagar which uses heavy machinery which causes noise pollution beyond permissible limits as well as vibration.

The tribunal had constituted a joint committee comprising the state pollution control board and the deputy commissioner, Ludhiana, to verify the grievances in June 2022.

Upon monitoring the noise during the field visit, the committee noted that the noise level at the industrial unit in question was 70.8dB(decibels) when the unit was in operation and preventive measures were in place. The noise level was 68.7dB noise when the unit was not operating.

The committee submitted before the panel that no noise standards have been prescribed for the mixed land use area in the Noise Rules, 2000.

The committee said the permissible noise limit for an industrial area as per the rules is 75dB in industrial areas, 65dB in commercial areas, 55dB in residential areas and 50dB in silent zones. The committee said it would be appropriate to consider stringent noise standards for residential areas i.e. 55 dB in this case and it ordered the PPCB to initiate remedial actions after which the electrical connection of the industrial unit was snapped.

Contesting the report, the defendant said that all preventive measures, including soundproofing, have been done to control the noise, adding that the noise level as per the report was 68.7dB even when it was not in operation. He stated that his industrial unit has the valid consent of the PPCB. He in his appeal also added that that area also hosts a number of industrial units which undertake work involving heavy machinery. He claimed that the committee has wrongly considered the permissible noise limit for residential units in his case where it is not applicable and had ordered the closure of the unit.

The judgment

In its judgment, the tribunal said as per the Noise Pollution (Regulation and Control Rules), the state government may categorise the areas into industrial, commercial, or silent areas to implement noise standards for different areas.

The judgment said, “The right to live in an atmosphere free from noise pollution has been upheld as the one guaranteed by Article 21 of the Constitution.” It added that there is a need for creating general awareness regarding the hazardous effects of noise pollution.

It said that till the time the declaration for ambient noise standard applicable to the mixed land use area of Pratap Nagar is made by the competent authority, the PPCB is directed to allow the units to function.

Civil society groups welcome the order

Kapil Arora, a member of the civil society group, Council of Engineers, said the issue of noise pollution and its effect on the residents has not received due attention. The implementation of the order will bring clarity about the rules for noise pollution and bring relief to the residents.