VARUN SETH VS. POLICE COMMISSIONER, DELHI POLICE NGT, PRINCIPAL BENCH, 05 OCTOBER 2017

VARUN SETH VS. POLICE COMMISSIONER, DELHI POLICE

NGT, PRINCIPAL BENCH, 05 OCTOBER 2017

 

FACTS

The application had been filed by permanent and bonafide residents of Jantar Mantar Road, New Delhi. The plight of the residents was that though the area had been earmarked as residential, the stretch of road had become a ‘symbolic, protest battle ground’ where protests were organized. Such protestors had erected tents and other arrangements where people had been staying for months together and in some cases even for years. They had sought relief from the noise pollution beyond the prescribed limits and litter left behind by the protesters which adversely affected the health of the residents and children. The applicants also complained about the limited access to their place of residence.

JUDGEMENT

The Tribunal stated that those who make noise could not shelter behind Article 19(1)A of the Constitution since it was not absolute. While one has a right to speech, others have a right to listen or decline to listen. It was further observed that Right to Life under Article 21 guarantees a right to live in an atmosphere free from noise pollution.

The Tribunal stated that it was clear the residents of Jantar Mantar road were not living a normal life. They were facing many difficulties including adversely affecting the health of children and senior citizens, leading to ailments and diseases.

The Tribunal stated that the New Delhi Municipal Corporation had grossly failed to clean the area which had become a place for filth and litter. It was further stated that the Respondent State and its authorities had not taken appropriate steps on the complaints and have failed to protect the rights of citizens to have a pollution free environment.

In view of the above, the Tribunal held that the applicants were suffering from gross violation of environmental laws.