Letter to Commissioner Police New Delhi Re: Noise Pollution in Silence Zones of Defence Colony

---------- Forwarded message ----------
From: Rajeev Suri <rajeevsuri.cbms@gmail.com>
Date: Fri, Sep 4, 2015 at 9:13 PM
Subject: UNRESOLVED Ongoing complaint regarding Noise Pollution in a Silence Zone of Defence Colony, New Delhi 110024
To: DP CP BS Bassi <cp.bsbassi@nic.in>
Cc: DP Jt CP South Eastern Range <jtcp-ser-dl@nic.in>, GNCTD LG Office <pstolg.delhi@nic.in>, GNCTD LG Dehi Principal Secretary <seclg@nic.in>

To​,

​

The Commissioner Police

New Delhi

Sir,

Subject: Noise Pollution in Silence Zones of Defence Colony 

I am to bring to your attention, restaurants / pubs / bars operating in Moolchand Commercial Complex, Defence Colony have been creating nuisance and disturbing the peace of the area by playing very loud music in a Silence Zone.

These restaurants, namely Cafe Meraki and One Oak play extremely loud music in a Hospital Zone, i.e. a Silence Zone, thereby in violation of the Noise Pollution (Regulation and Control) Rules of 2000, issued by the Ministry of Environment & Forests, Notification No: SO 123 (E) dated 14th Feb 2000. 

The matter has been reported to the competent Authority, i.e. the ‘ACP’ Defence Colony Police Station, and DCP South as respective authorities of this zone, however the warnings issued to the said restaurants/pubs/nightclubs remain unheeded, and consequently the matter is also being brought to your notice as the 'Authority'. The respective relevant sections of the Noise Pollution Control Rules of 2000 is reproduced below.

QUOTE

2. Definitions

(c) "authority" means any authority or officer authorised by the Central Government, or as the case may be, the State Government in accordance with the laws in force and includes a District Magistrate, Police Commissioner, or any other officer designated for the maintenance of the ambient air quality standards in respect of noise under any law for the time being in force;

(d) "person" in relation to any factory or premises means a person or occupier or his agent, who has control over the affairs of the factory or premises;

3. Ambient air guality standards in respect of noise for different areas/zones.

(4) All development authorities, local bodies and other concerned authorities while planning developmental activity or carrying out functions relating to town and country planning shall take into consideration all aspects of noise pollution as a parameter of quality of life to avoid noise menace and to achieve the objective of maintaining the ambient air quality standards in respect of noise.

(5) An area comprising not less than 100 metres around hospitals, educational institutions and courts may be declared as silence area/zone for the purpose of these rules.

4. Responsibility as to enforcement of noise pollution control measures.

(1) The noise levels in any area/zone shall not exceed the ambient air quality standards in respect of noise as specified in the Schedule.

(2) The authority shall be responsible for the enforcement of noise pollution control measures and the due compliance of the ambient air quality standards in respect of noise.

5. Restrictions on the use of loud speakers/public address s1stem.

(1) A loud speaker or a public address system shall not be used except after obtaining written permission from the authority.

(2) A loud speaker or a public address system shall not be used at night (between 10.00 p.m. to 6.00 a.m.) except in closed premises for communication within, e.g. auditoria, conference rooms, community halls and banquet halls.

6. Consequences of any violation in silence zone/area.

Whoever, in any place covered under the silence zone/area commits any of the following offence, he shall be liable for penalty under the provisions of the Act:

(i) whoever, plays any music or uses any sound amplifiers,

(ii) whoever, beats a drum or tom-tom or blows a horn either musical or pressure, or trumpet or beats or sounds any instrument, or

(iii) whoever, exhibits any mimetic, musical or other performances of a nature to 44raq crowds.

7. Complaints to be made to the authority.

(1) A person may, if the noise level exceeds the ambient noise standards by 10 dB(A) or more given in the corresponding columns against any area/zone, make a complaint to the authority.

(2) The authority shall act on the complaint and take action against the violator in accordance with the provisions of these rules and any other law in force.

8. Power to prohibit etc. continuance of music sound or noise.

(1) If the authority is satisfied from the report of an officer in-charge of a police station or other information received by him that it is necessary to do so in order to prevent annoyance, disturbance, discomfort or injury or risk of annoyance, disturbance, discomfort or injury to the public or to any person who dwell or occupy property on the vicinity, he may, by a written order issue such directions as he may consider necessary to any person for preventing, prohibiting, controlling or regulating:

(a) The incidence or continuance in or upon any premises of -

(i) Any vocal or instrumental music,

(ii) sounds caused by playing, beating, clashing, blowing or use in any manner whatsoever of any instrument including loudspeakers, public address systems, appliance or apparatus or contrivance which is capable of producing or re-producing sound, or

(b) The carrying on in or upon, any premises of any trade, avocation or operation or process resulting in or attended with noise.

(2) The authority empowered under sub-rule (1) may, either on its own motion, or on the application of any person aggrieved by an order made under sub-rule (1), either rescind, modify or alter any such order:

Provided that before any such application is disposed of, the said authority shall afford to the applicant an opportunity of appearing before it either in person or by a person representing him and showing cause against the order and shall, if it rejects any such application either wholly or in part, record its reasons for such rejection.

SCHEDULE
(see rule 3(l) and 4(l)

Ambient Air Quality Standards in respect of Noise

Area Code	Category of Area/Zone	Limits in dB(A) Leq *
		DayTime	NightTime
(A)	Industrial area	75	70
(B)	Commercial area	65	55
(C)	Residential area	55	45
(D)	Silence Zone	50	40

UNQUOTE 

Consequently, appropriate action may be taken at your end according to the Rules stated above, to ensure the said restaurants do not indulge in noise pollution.

Yours faithfully,

Rajeev Suri

D 68 Defence Colony

New Delhi 110024

Mobile : 9810304580                                                                          Dated : 04.09.2015