HIGH COURT OF TRIPURA
                          AGARTALA


                      WP(C) No.448 of 2019

Amalendu Bardhan Roy
                                                       ----- Petitioner(s)

                                   Versus

Agartala Municipal Corpn. & 5 Ors.
                                                     ----- Respondent(s)

For Petitioner(s) : Mr. D. Bhattacharjee, Advocate Mr. S. Das, Advocate For Respondent(s) : Mr. K. K. Pal, Advocate Mr. R. Datta, Advocate Mr. R. G. Chakraborty, Advocate HON'BLE MR. JUSTICE S. TALAPATRA Order 18/06/2019 Heard Mr. D. Bhattacharjee, learned counsel appearing for the petitioner as well as Mr. R. Datta, learned counsel appearing for the respondent No.4, the State Pollution Control Board and Mr. K.K. Pal, learned counsel appearing for the respondents No.1, 2 and 3. None appears for the respondent No.5 & 6, but Mr. R. G. Chakraborty, learned counsel appearing vice Mr. A. Gonchoudhury, learned counsel has prayed for some accommodation. Notice of this court has been drawn to the action as taken by the State Pollution Control Board under the provisions of the Noise Act, 2000.

It further appears from the communication dated 20.03.2018 issued by the respondent No.4 that the respondent Page 2 of 4 No.6 was given information that during inspection, it was reported that the AC machine were used only during night time. However, the noise level was measured and found that the noise level was higher than the prescribed noise level (during the day time) in respect of the residential area as per the Noise Act, 2000 or the regulation and the notifications made thereunder.

Further, it is apparent from the communication dated 18.04.2018, Annexure-7 to the writ petition, that the respondent No.4 had requested the respondent No.6 to shift the AC [Ice- producing] machine from existing location to a suitable place within 15 days of receipt of that communication so that it does not cause any disturbance to the surroundings. It has been cautioned in the said communication dated 18.04.2018 that failing which the State Pollution Control Board will be pursuaded to take action against the unit of the respondent No.6 as per the existing rules.

Today the direction of the State Pollution Control Board dated 12.07.2018 has been produced before this court by Mr. R. Datta, learned counsel. A copy of the said direction dated 12.07.2018 is placed in the record. The said direction provides as follows:

"Tripura State Pollution Control Board (A Govt. of Tripura Organisation) No.F.17(2)/PC/2017-18/S/6182-84 July12, 2018 DIRECTION WHEREAS, TSPCB has received a number of public complaints against Sri Rajib Lodh, S/o Sri Rasamoy Lodh, Jail Ashram Road, Dhaleswar, Agartala, Tripura West alleging that noise arising out from the ice producing machine is creating noise pollution to the surrounding residential neighbours.

AND WHEREAS, on the basis of complaints, the officials of TSPCB inspected the site on 22/02/2018 and observed that ice producing machine of Sri Rajib Lodh is creating noise pollution to the surrounding residential neighbours. Accordingly, Sri Rajib Lodh was directed vide letter No.F.17(2)/PC/2017-18/2061-62 dated 20/03/2018 and even No.3162-62 dated 18/04/2018 to shift the ice producing machine from the existing location to a suitable place within 15 days of issuance of letters.

AND WHEREAS, in order to check the compliance statuses of our shifting order, the site was inspected by the Board Official once again on 02/06/2018. During inspection, it has been observed that Sri Rajib Lodh is neither shifted exhauster of ice producing machine nor taken any precautionary measures to control noise pollution.

NOW THEREFORE, in exercise of power conferred under Section 31A of the Air (Prevention & Control of Pollution Act, 1981, Sri Rajib Lodh is hereby directed to explain as to why legal action would not be instituted for violation of The Noise Pollution (Regulation & Control) Rules, 2000 and also for non-compliance of our shifting order as communicated vide even No.3161-62 dated 18.04.2018.

Sd/-

(Manas Mukherjee) Member Secretary To Sri Rajib Lodh S/o Sri Rasamoy Lodh Jail Ashram Road, Dhaleswar Agartala, Tripura West Copy to:

(i)The Municipal Commissioner, Agartala Municipal Corporation for kind information.

(ii)Scientist "C", Tripura State Pollution Control Board."

In view of the proceeding, set in motion by the State Pollution Control Board under Section 31A of the Air (Prevention & Control of Pollution) Act, 1981 for violation of the Noise Pollution (Regulation & Control) Rules, 2000 and for non-compliance of the shifting order as communicated by the said communication dated 18.04.2018 it will be inappropriate to continue with this proceeding. Further, the State Pollution Control Board being the Page 4 of 4 competent authority for taking any action under the Noise Act or the rules and regulation made thereunder and the State Pollution Control Board has set in motion the appropriate action against the respondent No.6, the writ petition shall stand closed so that State Pollution Control Board can proceed with the said action as contemplated.

If the petitioner is aggrieved by any further action, he shall be at liberty to approach this court. It is needless to say, the respondent No.6 will be allowed one reasonable opportunity to furnish his representation, if he applies for such opportunity by 30.06.2019 or to clarify his position as per the rules.

In terms of the above, this writ petition stands disposed of.

A copy of this order be served to the counsel for the parties.

It is expected that the State Pollution Control Board shall expedite the proceeding to take that to its logical end.

No order as to costs.

JUDGE Amrita