1. Pursuant to order dated 17.07.2023 passed by this Tribunal in this Execution Application, Mr. Sarveshwar Bhure, District Magistrate, Raipur is present virtually and has also filed report on 07.08.2023 in compliance of Tribunal's order dated 02.05.2023 read with order dated 17.07.2023. The stand is that direction issued by Tribunal in judgment dated 23.09.2016 passed in Original Application No.78/2016(CZ) (hereinafter referred to as 'OA') in words and spirit and substance have been complied with. Hence, we proceed to dispose of this Execution Application on merits.

2. OA 78/2016(CZ) was filed under Sections 14, 15, 16, 17 and 18(1) of National Green Tribunal Act, 2010 (hereinafter referred to as 'NGT Act, 2010') alleging that in the city of Raipur (State of Chhattisgarh), noise and air pollution is being caused in various ways particularly, by use of amplifiers of very high frequency and vibrations, DJ sets in various functions including processions and rallies, Pandals are installed on various occasions though allegedly with permission of local authorities and local administration but without complying with the directions issued by Madhya Pradesh High Court in Writ Petition No.4792/2005 (PIL), Rajender Kumar Verma vs. State of Madhya Pradesh decided on 06.01.2015, installation of Welcome gates on roads causing traffic congestion, ultimately resulting in air pollution and even otherwise causing air and noise pollution in city.

3. Tribunal found that issues raised in OA were similar as already raised in OA 77/2015(CZ), N. Vaidraj vs. Union of India & Ors., and OA 109/2015(CZ) Hopewell Society vs. State of M.P. & Ors. Referring to its earlier judgments and considering stand of parties, Tribunal finally decided OA 78/2016(CZ) vide order dated 23.09.2016 and relevant extract of judgment is reproduced as under:

"4. In the present case apart from the noise pollution since there was also the question involved of air and noise pollution due to vehicular disturbances and other issues we had directed the CECB as well as the State of Chhattisgarh to separately file their response. The Chhattisgarh Environment Control Board (CECB) had carried out a study and submitted data of air and noise monitoring at various locations in Raipur the capital city of Chhattisgarh during various periods commencing from 2013 to 2016.

5. While, there is some amount of fluctuations in the levels during the day and night time as also between normal days and festivals days we find that the noise levels are on the higher side than the prescribed limits. This is cause of concern as even at places like the AIIMS hospital at Raipur and the Collectorate the noise levels are exceeding to prescribed limits.

6. Learned Counsel appearing for the CECB submitted that in the last two years vehicular traffic has increased considerably and this would be one of the possible causes for noise levels being on the higher side. While this may be so as it cannot be disputed without proper studies there is a need for the CECB as well as the Transport Department and the Environment Department of the Government as also the local municipality to consider ways and means for smoothen flow of traffic without obstruction so that there is no excessive use of horns which generally add to the noise levels particularly when the movement of traffic is slow or there is congestion on the roads due to heavy traffic. Suitable remedies like widening of roads or proper traffic management would need to be worked out by the local administration and the traffic department and Transport Department. At the same time, too much inconvenience to the public as a result of such measures also needs to be taken into account. The very fact that even in silence zone near the AIIMS hospital the noise levels are particularly high as mentioned in the reply in paragraph 3 is a cause of concern and must be addressed at the earliest. What is true in the case of silence zone like hospitals and other institutions also holds good for other areas wherever noise levels are on the higher side. The Transport Department and the Police Department also need to view seriously the use of pressure horns which are otherwise prescribed again needs to be initiated against such violators who use pressure horns in urban areas.

7. Noise levels during festival season of Durga Puja Diwali & Ganesh Utsav though temporary but can be quite annoying and a cause of concern in this behalf. The directions issued by the Hon'ble Supreme Court and the Judgment of the Principal Bench NGT referred to above need to be implemented by the administration. Past experience has generally shown that people are reluctant to complaint for fear of internalising the people who resort to such use of loudspeakers etc. particularly in the name of religious functions and festivities. The District administration and police therefore, without waiting for formal complaints in this behalf need to act suo-moto promptly. Whenever, such complaints are filed or reported on telephone action must be initiated by the administration in accordance with law.

8. The issue with regard to the erection of pandals and welcome gates is something that needs to be viewed seriously by District administration and the local authorities and the local personnel. With high increase in the volume of traffic in the cities permission for erection of such gates and pandals on the roads should not be granted at all. Wherever, such pandals and welcome gates (toran) are erected without permission also immediate action should be taken by the local municipality and police and district administration for removal of the same as also for penalising persons responsible. Since, it is common administrative practice that without taking permission from the District administration and police no procession etc. can be taken out. The District administration must therefore, be vigilant to ensure that along the route there are no such pandals or welcome gates and even during the course of the procession no obstruction is caused to the smooth flow of traffic which may result in adding to the air and noise pollution. As far as, the noise pollution during festivities Durga Puja, Diwali & Ganesh Utsav is concerned the report submitted by the CECB confirms the fact that the air ambience quality during the times of such festivities is not satisfactory or within the prescribed norms. Similarly, due to vehicular pollution levels of PM 2.5 and PM 10 are also on the higher side. It has been stated by the CECB as also by the State in their reply that the State had undertaken a massive drive for checking the vehicular pollution and as issue notification on 10.09.2001 in excise of the powers conferred under the Motor Vehicle Act 1989 and the rules framed there under particularly Rule 115 of the Motor Vehicle Rules. A statistics chart has also been provided by way of Annexure R5 which shows that there has been a two fold increase in the number of challans in violation of the Motor Vehicle Rules in so far as the use of pressure horns is concerned. Use of pressure horns and checking for pollution under control certificates (PUC), this need to be done on a regular basis and at more places by establishing checkpoints. As regards the, festive season during the course of hearing in N. Yaidraj case a response had been filed by the Central Pollution Control Board (CPCB) which is as follows :

"The CPCB to whom notices were also issued have filed their response. It has been submitted in the same as follows:

That, CPCB has not conducted any study related to health impacts due to air emissions from firecrackers as the same is not a domain in which the board exercises its statutory mandate. Ministry of Health and Family Welfare is the competent authority for the health impact issues. However, from online literature survey, it is evident that there are health impacts due to air emissions from firecrackers. The frequent use of fireworks in the Deepawali like events and /or in different celebration issues, may have potential and/or dangerous impact on air quality / health as a cumulative effect of pollution. The ingredients of fireworks have hazardous / toxic effects that is Aluminium causes contact dermatitis & bioaccumulation; Sulfur Dioxide causes acid rain from sulphuric acid affecting water resources, vegetation and property damage; potassium nitrate emits toxic dusts and carcinogenic sulphur-coal compounds; ammonium and potassium perchlorate can contaminate ground and surface water, and can cause thyroid in humans and animals; nitrogen dioxide is highly toxic by inhalation. Also, children breathe toxic air and suffer from nasal irritation and throat congestion. The smoke also irritates the eyes, cause tears and redness. Bursting crackers may increase blood pressure and aggravate heart disease. Nausea, headache and giddiness are common effects of bursting firecrackers. Lung infections such as coughing, sneezing, respiratory disorders like asthma, wheezing often get severe during Diwali festival. The poisonous gas can also affect pregnant women adversely. It may also affect the mentally ill patients leading to depression, fear and stress. The submission on "Firecrackers - Air Emission and Health Impacts" has been prepared through the online literature survey."

9. The administration therefore, needs to take effective steps in the light of the issues mentioned by the CPCB in its response quoted above. Even the general public needs to be apprised and made aware of the hazards as a result of use of such fire crackers during festivities. Awareness programmes by print and electronic media as also by pamphlets to be distributed by the Government and local authority can be carried out so that people are made aware about the harmful impact by such air and noise pollution. While deciding the case of N. Vaidraj in our order dated 18.04.2016 we had specifically directed the State Governments including that of Chhattisgarh to ensure strict compliance of the rules along with the directions issued by the Hon'ble Supreme Court as well as PB NGT contained in its judgment dated 18.12.2012. The researchers are in the continuous process of studying the impact of such air and noise pollution not only on humans but even on animals and birds and plants. There is a duty under Article 48 (A) of the Constitution as well as under Article 51 (A) clause (g) for the State and individual citizens for having compassion for all living creatures something that can be explained in educational institutions and elsewhere for younger generation to take note of.

10. We may also add here what we had said with respect to the need for the administration to take effective steps in so far as grant of permission under the explosive incenses and setting up of pataka shops etc. are concerned while still on the issue of noise pollution and air pollution as a result of the use of crackers. In N. Vaidraj case we had drawn the attention in the following terms:

"The second issue which requires our attention is with regard to the alleged availability of imported crackers in the market. Very often we find that on the packaging and the labels there is no caution appended on the same as decibel level of the crackers are not reflected, since under the Rules of 2006 the permissible decibel level have been prescribed. We would therefore, direct that the MoEF Government of India through the Home Ministry as well as the Commerce Ministry issue directives to the manufactures informing the prescribed decibel level of the crackers so that no cracker crossed the prescribed decibel levels as provided under the Rules.

Secondly, more importantly in our opinion, is the issue with regard to the composition of the compounds which are used in the manufacture of these crackers. There is need for all persons using such crackers to be aware of composition and their adverse impact on them individually on account of the air pollution and its adverse impact on the Air Ambient Quality. Since, the bursting of crackers during festivities most often take place on the streets which are very often very narrow and congested and in such places, the harmful impact last for a longer duration because of the cumulative impact of large number of such crackers of various intensity and decibel levels being burst within the short span of 3 to 4 hours. Adverse health problems particularly with regard to the patients suffering from respiratory diseases and other ailments as noticed by the Hon'ble Supreme Court need to be considered and therefore, the directions of not flying the compound which are permissible in the manufacture of such crackers need to be regulated and whatever compounds are considered to be hazardous need to be banned.

We have been informed that till date no permissions have been granted by the Government of India for the import of crackers yet there is widespread belief that imported crackers are available in large quantities in the markets throughout the country. Their popularity has further risen on account of the fact that their cost in comparison to indigenous crackers is much lower and therefore, preferred by people. The District Administration that is the District Magistrate / Collector as well as the police Department therefore, have to be vigilant and ensure that such crackers whose compositions and decibel levels are not at all known and whose import has not been sanctioned should be impounded and vigil be kept in this behalf.

11. The use of DJs during marriages and other ceremonies and parties may add to enjoyment and entertainment for those organising and participating in such functions but it adds to the noise to residents of the locality and need is, therefore, for the administration to ensure that these are not allowed to interfere with the rights of other citizens. In so far as their right to a peaceful environment and sleep are concerned, we have earlier in the case of Alankrita Mehra vs. Union of India O.A No. 21/2013 given detailed directions so also a similar matter in the case of Arjun Gopal Vs. Union of India is reported to be pending before the Hon'ble Supreme Court as such detailed directions in that behalf are not being given separately but the administration must take care that such DJs act in accordance with law and the rules framed there under for maintaining the decibel levels and the timings prescribed there under. Along with the DJs more often we find that there are diesel generators (DG sets) which are unlicensed and have not been approved under the EP Rules 1986, use of such DG sets should not be allowed as in order to overreach the noise levels of such DG sets the music etc. being played by the DJs reaches at level far beyond the prescribed ones. The DG sets are also a source of noise and air pollution and therefore, the CECB must undertake the task of effectively monitoring and implementing the rules in this behalf.

12. Since the whole issue is of effective implementation of the rules and monitoring of the air and noise level, the administration needs to have effective monitoring mechanism and equipment's to deal with the issue. The prayer made by the Applicant, therefore, for directing the Respondents to equip themselves sufficiently with adequate number of such devices is a valid one. We would, therefore, direct the State of Chhattisgarh to ensure that sufficient number of monitoring stations in urban areas with specialized equipment's for monitoring air and noise pollution levels be installed with the data being made available at the level of the CECB for taking effective steps in this behalf. During festivities and the marriage season the pollution authorities along with the District administration may also be provided with mobile units for the aforesaid periods."

4. We also find from record that in OA, following were impleaded as respondents:

(i) State of Chhattisgarh through its Principal Secretary, (Urban Administration and Development),

(ii) Principal Secretary (Housing and Environment Department),

(iii) Member Secretary (Chhattisgarh Environment Conservation Board),

(iv) Commissioner, Shri Mayank Chaturvedi, Raipur Municipal Corporation,

(v) Collector Raipur, Shri Sarveshwar Narendra Bhure,

(vi) Senior Superintendent of Police, Shri Prashant Kumar Agarwal,

(vii) Chhattisgarh State Power distribution Co. Ltd. through its Managing Director Shri Manoj Khare.

5. Present Execution Application was filed, alleging that despite judgment of Tribunal, no further action has been taken by District Authorities despite that the applicant has approached various authorities, sending several letters and making various representations.

6. Taking note of the complaint of applicant in Execution Application, vide order dated 02.05.2023, Tribunal directed Collector (representative) Raipur, Chhattisgarh to submit report with regard to contentions advanced by applicant. Pursuant thereto, an Action Taken Report has been filed by Collector, Raipur giving details of various actions taken, as under:

"The actions taken by the district administration for compliance of the directions dated 23.09.2026 passed by the Hon'ble Tribunal in OA 78/2016 are as follows:

i. Erection of pandals and welcome gates-

In compliance of the directions passed by Hon'ble Tribunal, District Administration has initiated actions against the persons erecting puja pandals and welcome gates in violation of the directions passed by the Hon'ble Supreme Court, Hon'ble High Court and Hon'ble NGT from time to time. The local administration and police officers have been directed to keep a check on such pandals and welcome gates during the festive seasons. Action was initiate against two societies for erecting pandals and welcome gates in violation of directions of courts. Notice dated 24.09.2022 have been enclosed as Annexure R-2

ii. In furtherance to the directions passed by the Hon'ble Tribunal with respect to the compliance of Noise Pollution (Regulation and Control 06.03.2010, 28.12.2015 and 04.01.2016 for ensuring effective implementation of the Noise Rules in the State. The undersigned has been taking the required measures for compliance of the above stated orders. The State Government Orders dated 06.03.2010, 28.12.2015 and 04.01.2016 have been enclosed herewith as Annexure R-3 (Colly)

iii. The undersigned has issued letter dated 20.05.2022 directing all the Sub-Divisional Magistrates and all Police Station in-charges to initiate actions against the persons using loudspeakers without permissions. Copy letter dated 20.05.2022 has been enclosed as Annexure R-4.

iv. 05 inspections teams were constituted vide order dated 23.03.2022 to carry out spot inspections from time to time in order to ensure the compliance of Noise Rules 2000 Annexure R-5.

v. 05 inspections teams were constituted vide order dated 13.01.2017 to carry out spot inspections from time to time in order to ensure the compliance of Noise Rules 2000 Annexure R-6.

vi. The undersigned wrote a letter dated 06.10.2021 to Superintendent of Police, Raipur to comply with the directions of the Hon'ble High Court of CG at Bilaspur passed in WP 112/2016 order dated 06.12.2016 Annexure r-7.

vii. 05 inspection teams were constituted vide order dated 30.12.2022 to control noise pollution from time to time in order to ensure the compliance of Noise Rules 2000 Annexure R-8.

viii. The office of Deputy Inspector General of Police and Senior Superintendent of Police, District Raipur has made 149 cases between 01.10.2022 to 31.05.2023 against the accused under Kolahal Adhiniyam and Motor Vehicle Act. The list is enclosed here as Annexure R-9.

ix. The undersigned vide order dated 23.03.2023 banned the use of loudspeakers without prior written permission till further orders Annexure R-10.

x. According to the report received by the Police Department. Following action has been taken:

a) 91 matters were registered in the year 2017, 45 matters were registered in the year 2018, 34 natters were registered in the year 2019 against playing Sound Box, DJ etc.'

b) From January 2023 to July 2023 a sum of Rs 40,000/- Summons fee was collected against the Pressure horn under Motor Vehicle Act.

c) From January 2023 to July 2023, 121 matters were registered against modified silencer causing noise pollution and a sum of Rs 6,08500/- Summons fee was collected. (Annexure R-11 Page 01 to 17).

xi. In compliance with the order dated 17.07.2023 of the Hon'ble Court, the report issued by the Regional Officer, Chhattisgarh Environment Conservation Board, dated 21.07.2023 regarding Noise Pollution and Air Pollution is enclosed as Annexure R-12.

xii. 05 teams were constituted vide order dated 18.10.2022 in compliance to the order passed by Hon'ble National Green Tribunal, Principal Bench new Delhi with respect to firecrackers. The teams have been ordered to ensure necessary action while establishing necessary coordination I their respective police station are while continuously checking the firecracker shop/site located Annexure R-13.

xiii. At the time of festivals, the firecracker traders are called by the undersigned and they are informed about the instructions of the Hon'ble Court and the Government and are directed to follow it."

7. Learned Counsel for the applicant submit that though various Committees have been constituted, preventive orders have been issued but in fact, still there are some persons, individuals and collective, who are violating directions of Tribunal and causing noise and air pollution. He has not raised any objection to compliance Report submitted by District Magistrate. If there is any non-compliance on the part of any individual, it is always open to applicant to bring matter against such individual by impleading him for appropriate action, but the mere fact that some individuals are still violating directions of Tribunal, cannot be a ground to suggest that District Administration has not taken steps as directed by this Tribunal. Substantial compliance is evident from the action taken Report filed by District Magistrate pursuant to judgment of this Tribunal dated 23.09.2016.

8. In these facts and circumstances, we do not find that any further proceedings or order or action is required in this Execution Application.

9. The application is accordingly disposed of.