BEFOREE THE NATIONAL GREEN TRIBUNAL SOTHERN ZONE, CHENNAI

Transcription

1 BEFOREE THE NATIONAL GREEN TRIBUNAL SOTHERN ZONE, CHENNAI APPPLICATION No. 8 of 2013 (SZ) In the matter of: Shri C.N. Balakrishna S/o. Chelvaraj No. 21, Dr. Ambedkar Nagar North Thirumalai Nagar Villivakkam, Chennai Applicant 1. The Member Secretary Tamil Nadu Pollution Control Board No. 76/100, Anna Salai Guindy, Chennai The Inspector of Police K-7, I.C.F. Police Station No. 224, M.T.H. Road Villivakkam Chennai VERSUS - 3. Jesus Comforts Minisitry Trust Rep. by its President Rev. A. Nithiyaraj North Thirumalai Nagar Villivakkam Chennai Respondent(s) 1

2 Counsel for the Applicant : M/s. Shri N. Suresh and K. Raja, Advocates Counsel for the Respondents: M/s. Shri A. Ilango, Advocate for Respondent No. 1, M/s. M.K. Subramanian and M.R. Gokul Krishnan, Advocates for Respondent No.2 and Shri Kesavan, Advocate for Respondent No.3 ORDER / JUDGEMENT PRESENT : Hon ble Justice Dr. P. Jyothimani Hon'ble Prof. Dr. R. Nagendran Date : August 19, 2013 Justice Dr. P. Jyothimani, Judicial Member 1. We heard the learned counsel for the applicant and the learned counsel appearing for the 3rd respondent Church apart from the Special Govt Pleader appearing for the Inspector of Police and Tamil Nadu Pollution Control Board. This application is relating to the alleged noise pollution stated to have been created by the 3 rd respondent which is carrying on its church activities in the premises bearing No. 46, Second St., North Thirumalai nagar, Villivakkam, 2

3 Chennai. The applicant is stated to be the neighbour to the 3 rd respondent church and according to his complaint, the 3 rd respondent, while carrying its religions activities, is causing noise pollution during day time as well as night time and it is stated that the noise level is beyond the permissible level. The applicant has given many complaints to the 2 nd respondent which did not yield any redressal and hence, complaints were lodged with the Tamil Nadu Pollution Control Board. Since there was no response, the applicant is forced to approach this Tribunal by filing this application for direction against the 1 st and 2 nd respondents to take necessary action and steps to prevent noise and nuisance caused by the 3 rd respondent. In the reply filed by the 3rd respondent, while denying the allegations, the 3 rd respondent has raised the plea of fundamental right guaranteed by the Article 35 of the Constitution of India. Further it is denied that the 3d respondent is using loud-speakers beyond the permissible limits. It is the case of the 3 rd respondent that because of the personal animosity between the applicant and the 3 rd respondent who has purchased the place and this has made the applicant to approach this Tribunal and according to the 3 rd respondent, the application is not maintainable and liable to be rejected. 2. After hearing both the counsel, at the instance of the Tribunal during the course of the arguments, the 3 rd respondent has in order to put an end to the animosity between the church and the applicant, has filed an affidavit dated 7 th August, 2013 giving certain undertakings. The undertakings which are given by the 3 rd respondent are as follows : 3

4 (a) This respondent undertakes to install air tightened air-condition to the Prayer Hall within six months from today so as to avoid the alleged noise pollution and nuisance as alleged by the applicant and till such time this respondent undertakes to streamline the followings except on the special occasions namely: Christmas, New Year, Good Friday, Easter day, Holly Cross Day, marriages and any other special occasions as notified by the Government or the Christian Religious head as the case may be. (i) This respondent undertakes not to open the five number of glass windows facing on the applicant s house while conducting prayers, mass functions and marriages, etc., so as to arrest the noise pollution and nuisance as alleged by the applicant; (ii) This respondent undertakes to utilise only one mike during the daily morning prayers between 5 a.m. and 6 a.m. and also not to utilise other music instruments excepting key-board so as to arrest the noise pollution and nuisance as alleged by the applicant; (iii) This respondent undertakes to wind up the evening prayers and services at the latest by 9 p.m. in the nights positively; (iv) This respondent undertakes to conduct mid-night prayers only once in a month on the specified day without utilizing any music instruments excepting key-board and a mike. 3. While referring to the contents of the undertakings, it is clear that the 3 rd respondent has decided to air tighten the entire area covered by the church by 4

5 air conditioning the Prayer Hall and for that it may need six months time, and in the meantime the 3 rd respondent also undertakes to seal and not to open the 5 Nos. of glass windows facing the applicant s house apart from the undertaking that the mike will be used only during the morning prayers between 5 am and 6 am and not to utilise the other musical instruments. By referring to the various clauses in the memo filed by the 3 rd respondent, we are satisfied that the 3 rd respondent is certainly having a right to religion as per the Constitution of India. The 5 th respondent has also undertaken to follow the reasonable restrictions. Accordingly, recording the said undertaking, the application stands closed with the direction that the 3 rd respondent shall act as per the undertaking. It is also made clear that the said undertakings given by the 3 rd respondent shall be scrupulously followed and not to exceed the permissible limits of the provisions of law by strictly adhering to the limits prescribed therein. The application stands closed. Chennai August 19, 2013 Sd/---- Justice Dr. P. Jyothimani Judicial Member Sd/-- Prof. Dr. R. Nagendran Expert Member 5