National Green Tribunal (NGT): Full Bench of Justice Adarsh Kumar Goel (Chairperson) and Justice Sheo Kumar Singh (Judicial Member) and Dr Nagin Nanda (Expert Member) expressed that:
Conduct of functions must not disturb other citizens right to peaceful and clean environment.
The instant Order was pursuant to the subject of compliance of environmental norms by restaurants/hotels/motels/banquets, etc. in terms of earlier orders of Tribunals.
Vide the Order dated 02-11-2018, Tribunal considered grievance against the violation of environmental norms, including solid waste management, discharge of effluents, illegal ground water extraction, ground water contamination, emission by illegally operating diesel generators, absence of statutory consents under the Water (Prevention and Control of Pollution) Act, 1974 (‘Water Act’), the Air (Prevention and Control of Pollution) Act, 1981 (‘Air Act’) and violation of conditions of consents where such consents are granted, by the restaurants/hotels /motels/banquets in Mahipalpur, Rajokri areas in Delhi. The Tribunal also considered the issue of absence of rainwater harvesting, ground water recharge system, excess noise pollution, illegal parking and encroachments.
Tribunal found violations and directed remedial action.
Mechanism/Guidelines for Control of Pollution and Enforcement of Environment Norms at Individual Establishments and the Area/ Cluster of Restaurants/ Hotels/ Motels/ Banquets etc.:
- a) Individual units to provide necessary facilities for control of air, water & noise pollution, solid waste management, etc as enumerated in the previous sections.
- b) Individual units to take necessary approvals from the concerned authorities as listed below:
- Consent to Establish under Air/Water Act
- Consent to operate under Air/Water Act
- Permission for concerned Authorities in accordance with provisions of Noise Rules
- Permission for Ground Water Extraction from concerned Authorities , if required
- Building Plan Approval from concerned Authorities
- Fire Safety Certificate/NoC from concerned Authorities
- c) Local Authorities to ensure provision of adequate common facilities for water pollution, solid waste management, parking etc
- d) The State Board to have robust monitoring mechanism to evaluate compliance with norms of such units atleast twice a year. As per NGT Directions, SPCBs/PCCs are required to submit compliance report to CPCB
Bench stated that the recommendations in the report of the CPCB need to be duly implemented by all the States/UTs by adopting the guidelines for control of pollution in marriage halls, banquet halls, party venues etc. along with consent management system, as already directed.
Further, the Tribunal added that ETPs needs to be installed by all the big units, not connected to the sewer lines, apart from ensuring compliance of rainwater harvesting systems, adequate safeguards in operating the kitchen need to be adopted, composting facilities, control of noise levels and providing parking space.
In case the above is not followed, no consent shall be given or renewal even in respect of the establishments already setup.
Bench also expressed that the Consent conditions must require the owner/manager of establishment informing the organizer/user in writing in advance about the conditions applicable for ensuring compliance.
In view of the above, application was disposed of. [Westend Green farms Society v. Union of India, 2021 SCC OnLine NGT 3, decided on 04-02-2021]