Submitted To:-Prof. Anand Singh: (Faculty of Law)

MOOT COURT FILE
Submitted To:- Prof. Anand singh

(Faculty of law)
Submitted By-
Avijeet Makvana IUU15BBL035

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
[SPECIAL LEAVE PETITION NO. 111 OF 2020]
[Under Article 136 of the Constitution of India]
[AGAINST THE IMPUGNED FINAL ORDER AND JUDGMENT

DATED 17.02.2020 PASSED BY THE DIVISION BENCH OF
THE HIGH COURT OF JUDICATURE AT DELHI IN WRIT
PETITION NO. 5897 OF 2020]
IN THE MATTER OF:
DR. A.N. KUMAR
DIRECTOR, GLS ENGINEERING COLLEGE……. PETITIONER
Versus
NCT OF DELHI
THROUGH SPECIAL SECRETARY
(URBAN PLANNING DEPARTMENT) ……………RESPONDENT
Moot Court
Submitted by:
Avijeet Makvana
ID:- IUU15BBL035
SPECIAL LEAVE PETITION NO. 111 OF 2020
WITH
(PRAYER FOR INTERIM RELIEF)

IN THE MATTER OF:
DR. A.N. KUMAR
DIRECTOR, GLS ENGINEERING COLLEGE…...PETITIONER
Versus
NCT OF DELHI
(URBAN PLANNING DEPARTMENT) …………..RESPONDENT

WITH

IN THE MATTER OF:
DR. A.N. KUMAR
DIRECTOR, GLS ENGINEERING COLLEGE………PETITIONER
Versus
NCT OF DELHI
(URBAN DEVELOPMENT DEPARTMENT)………RESPONDENT

INDEX
SR. PARTICULARS PAGE NO.
1. Office report on limitation 01
2. Listing Performa 02-03
3. Synopsis and List of Dates 04-08
Final order and judgment dated

4. 17.02.2020 passed by the division bench 09-12
of the High Court of Judicature at Delhi
in writ petition no. 5897 of 2020
Special Leave Petition with Affidavit &
5. 13-28
Verification
6. Appendix of Laws Applicable 29-32
7. Vakalatnama 33-34
8. Memo of Appearance 35
ANNEXURE-1: True copy of the Urban

9. 36
Developmental Plan dated 15.09.2019.
ANNEXURE-2 (Colly): True Copy of

10. letters dated 10.01.2020 to the Director 37-38
of GLS Engineering College.
ANNEXURE-3: True copy of the letter

11. dated 14.01.2020 to the Vice Chairman of 39-40
the Urban Development Authority.
ANNEXURE-4: True Copy of the letter

12. dated 20.01.2020 to the Vice Chairman of 41-42
the Urban Development Authority.
13. 43-44
ANNEXURE-5:True Copy of Letter to
Delhi Pollution Control Committee dated
22.01.2020
ANNEXURE -6: Notification dated

10.12.2001 by the Department of
14. Environment, Government of NCT of 45-46
Delhi.
ANNEXURE-7: Notification dated

15. Environment, Government of NCT of 47
Delhi, declaring the silence zones for the
Delhi NCT region.
ANNEXURE-8: Notification dated

16. Environment, Government of India, 48-50
mandating for dust mitigating measures
during any construction activities.
GOVERNMENT OF NCT OF DELHI
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COURT FEES

SPECIAL LEAVE PETITION (CIVIL) NO.111 OF 2020
IN THE MATTER OF:-
DR. A.N. KUMAR
DIRECTOR, GLS ENGINEERING COLLEGE………PETITIONER
Versus
NCT OF DELHI

(URBAN DEVELOPMENT DEPARTMENT)
……….RESPONDENT
OFFICE REPORT ON LIMITATION
1. The Petition against the impugned judgment dated
17.02.2020 is within time.
2. The Petition is not barred by time and there is no delay

in filing the same against order dated 17.02.2020.
BRANCH
OFFICER
PLACE: NEW DELHI

DATED: 01.03.2020

ORDER XVI RULE 4(1) (a)
(UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA)
PROFORMA FOR FIRST LISTING
The case pertains to (Please tick/check the correct

box):
 Central Act: (Title) The Constitution of India

 Section: Article 21
 Central Rule: (Title) Noise pollution Rules, 2000
 Rule No(s): Rule 3(5)
 State Act: (Title) N/A
 Section :N/A
 State Rule: (Title) N/A
 Rule No(s) N/A
 Impugned Interim Order: (Date) N/A
 Impugned Final Order/Decree: (Date) 17.02.2020
 High Court: (Name) HIGH COURT OF DELHI AT NEW
DELHI
 Names of Judges: A CHOWDHURI, D MONGA
 Tribunal / Authority: (Name) N/A
__________________________________________________
1. Nature: Civil Criminal
2. (a) Petitioner/Appellant No. 1: Dr. ANKumar,

Director, GLSEngineeringCollege
(b) e-mail ID: N/A
(c) Mobile phone number: +918051083921
3. (a) Respondent No. 1: NCT OF DELHI

(b) e-mail ID: N/A
(c) Mobile phone number: N/A
4.(a) Main category classification: 18 (Civil)
(b) Sub classification: (others)
5. Not to be listed before: N/A
6. Similar/Pending matter: N/A

7. Criminal Matters:
(a) Whether accused/convict has surrendered:
Yes No
(b) FIR No. N/A Date: N/A
(c) Police Station: N/A
(d) Sentence Awarded: N/A
(e) Sentence Undergone: N/A
8. Land Acquisition Matters:

(a) Date of Section 4 notification: N/A
(b) Date of Section 6 notification: N/A
(c) Date of Section 17 notification: N/A
9. Tax Matters: State the tax effect: N/A
10. Special Category (first petitioner/appellant only):

Senior Citizen > 65 years SC/ST
Woman/child Disabled Legal Aid case
In custody
11. Vehicle Number (in case of Motor Accident claim

matters): N/A
12. Decided cases with citation: N/A
Date: 01.03.2020
(Avijeet Makvana)
Advocate-on-Record
for Petitioner
SYNOPSIS AND LIST OF DATES
The present petition is filed to ensure the Respondent takes
urgent steps to safeguard the interest of students of GLS
Engineering College which falls under the definition of
‘educational institution’ under the Noise Pollution (Regulation
and Control) Rules, 2000 by putting up restriction on the
construction of both commercial and residential building as
per the new layout passed by Urban Development Authority
and also ensure the health and safety of students, under
Article 21 of the Constitution which is being unlawfully
compromised by Urban Development Authority.
As per Rule 3(5) of the Notification dated 14.02.2000 by the
Ministry of Environment and Forests, the Central
Government made the rules for regulations and control of
noise, namely: The Noise Pollution (Regulation and Control)
Rules, 2000 and GLS Engineering College comes within the
ambit of educational institutions according to the Notification
dated 03.04.2008 of the Government of NCT of Delhi and
being declared as silence area/zone.Therefore, as per the
provisions under the said rules, no noise pollution is to be
created in an area comprising not less than 100 meters of
such silence zone.
Respondent even after several reminders’ and warning have
failed to understand the gravity of situation and is not even
aware about the level of pollution being created and the
health problems being caused to the students. Such failure

on the part of Respondent in providing safety to the
surrounding environment and college students shows the
collapse of the Rule of Law which is the basic foundation of
Democracy and the Constitution of India. Hence the present
petition before this Hon’ble court which is custodian of Rule
of Law in India. The High Court has erroneously ordered that
the institute does not fall under the ambit of the educational
institution according to the Noise Pollution (Regulation and
Control) Rules, 2000.
15.09.2019 Urban Development Authority passed a new
layout for construction of both commercial
and residential purpose. Petitioner’s college
is situated in midst of such housing plan.
Attached as Annexure – 1.
08.01.2020 Construction started.
10.01.2020 Letter of complaints by the Students of GLS
Engineering College to the Director of the
College against the constant disturbance
owing to the Noise Pollution due to the
Construction. Attached as Annexure – 2
(Colly).
14.01.2020 Letter to the Head of the Urban Development
Authority by Director of GLS Engineering
College.
Authority was sent a letter stating that GLS
Engineering College comes under the under

the definition of ‘educational institution’ of
the Noise Pollution (Regulation and Control)
Rules, 2000 and the 100m area surrounding
the college is declared as silence zone. The
letter requested cognizance of the
restrictions on construction as per the Noise
Pollution (Regulation and Control) Rules,
2000 and for immediate execution of the
same. Attached as Annexure –3.
The Urban Development Authority did not
reply to the letter.
20.01.2020 Letter to the Head of the Urban Development
Authority was sent again stating that the
construction ordered by the authority was in
violation of the Noise Pollution (Regulation
and Control) Rules, 2000 because of which
noise pollution is being created and because
of the constant noise students are not being
able to concentrate on studies. The letter
was sent on behalf of the Director of GLS
Engineering College by Counsel also
imitating that legal action would be taken if
no response is received from the Authority or
if no action is taken. Attached as Annexure
–4.
The Urban Development Authority did not
reply to the letter.

22.01.2020 Complaint was filed by means of a letter
addressed to the Chairman and Member
Secretary of the Delhi Pollution Control
Committee who are the authority under the
Noise Pollution (Regulation and Control)
Rules, 2000 as per the Notification dated
Environment, Government of NCT of Delhi.
The Notification dated 10.12.2001 is
attached as Annexure – 5.
Copy of the letter was also sent to the
Concerned Senior Environmental Engineer of
CMC who is the concerned authority for
grievance redressal. The letter noted that the
construction was causing constant noise in
the silence zone affecting the health of the
students andalso affecting their studies. The
letter sent is attached as Annexure –6.
No steps were taken by the Concerned Senior
Environmental Engineer of CMC or the
Chairman and Member Secretary of the Delhi
Pollution Control Committee.
24.01.2020 High Court of Delhi admitted the Writ
Petition No. 5897 of 2020.
17.02.2020 The High Court erroneously adjudgedthat
the institute does not fall under the ambit of
the educational institution according to the

Noise Pollution (Regulation and
Control)Rules, 2000. The Court erroneously
ignored the Notification dated 03.04.2008 by
the Department of Environment,
Government of NCT of Delhi, declaring the
silence zones for the Delhi NCT region which
include education institutions. Attached as
Annexure – 7.
Also, The High Court did not appreciate the
fact that Urban Development Authority failed
totake mandatory Dust mitigating measures
for Construction activities. The Hon’ble Hight
Court erroneously ignored the notification
dated 25-01-2018 through which Central
Government by the Ministry of Environment,
Forest and Climate Change amended The
Environment Protection Rules, 1986 namely
The Environment (Protection) Amended
Rules, 2018- Attached as Annexure-8
Additionally, the Court held that the noise
pollution did not cross the prescribed limits
and was not to the extent of disturbing the
college students.
01.03.2020 Hence SpecialLeave Petition before this

Hon’ble Court.
IN THE HIGH COURT OF DELHI AT NEW DELHI
WP (C) 5897/2020
DR. A.N. KUMAR
DIRECTOR, GLS ENGINEERING COLLEGE……PETITIONER
Versus
NCT OF DELHI

……..RESPONDENT
CORAM:
HON’BLE MR. JUSTICE A. CHOWDHURI
HON’BLE MR. JUSTICE D. MONGA
1. I have heard the learned counsel for the petitioner as well
as the learned counsel for the respondent. Before dealing
with the contentions raised by the learned counsel for the
petitioner and the learned counsel for the respondent, it
would be pertinent to give briefly the facts of the case.
2. The petitioner had filed the case before this Court to put
up restrictions on the construction of both commercial
and residential buildings as per the new layout passed by
Urban Development Authority on 15.09.2019 and also
ensure the health and safety of students, under Article 21
of the Constitution which as per the petitioneris being

unlawfully compromised by Urban Development
Authority.
3. The learned counsel for petitioner contended that GLS
Engineering College falls under the definition of
‘educational institution’, given under Rule 2(e) of the
Noise Pollution (Regulation and Control) Rules, 2000 and
that the construction work that is being carried out was
causing a lot of noise pollution, due to which the students
were not being able to concentrate in class and cope up
with the studies due to the continuous disturbance being
caused by the construction.
4. The petitioner also contended before this court
respondent failed in its duty to take any dust mitigating
measures as mandatorily informed to them while giving
Environment Clearance as per Section 106 and Section
107 of The Environment (Protection) Amended Rules,
2018.
5. The learned counsel for the respondent raised the
objection that GLS College is not an accredited institution
and that the college authorities never raised an objection
until 14.01.2020 whereas the new layout of construction
was passed on 15.09.2019. The respondent contended
that the construction was in no way affecting the health
and safety of students of the institute as the construction
work was and is being carried out under proper
supervision and after the operating hours of college and

that the construction work is ended way before the
classes start in GLS College.
6. The respondent further contended that the noise caused
by the construction was permissible as the decibel levels
are within the permissible range of 70-80 decibels in
residential cum commercial areas. The respondent further
contended that so far as the question of students being
affected is concerned, since the construction work is
being carried out after college’s operating hours, there is
no question of the students being affected by the noise of
the construction work.
7. The petitioner objected to the contentions of the
respondent and contended that the construction was
carried throughout the day i.e. during the hours of the
college and that the area of 100m around the educational
institution is a silence zone as per Rule 3(5) of the Noise
Pollution (Regulation and Control) Rules, 2000, In
addition to this, the permissible noise level is 55-65
decibels as per Rule 7(1) of the Noise Pollution (Regulation
and Control) Rules, 2000, .
8. Having heard at length the counsel for the plaintiff and
the defendant, this Court is of the considered opinion that
as far as the question of GLS college being an educational
institution is concerned, it doesn’t come under the ambit
of Noise Pollution Rules, 2000 as it is unaccredited. This
Court is also of the opinion that if an objection had to be
raised against the new layout of the development plan, it

should have been raised as soon as the new layout plan
was passed and the petitioner should not have waited till
the construction workstarts because once the plan was
passed, construction work was bound to follow.
9. For the reasons mentioned above, this Court hereby
rejects the petitioner’s writ petition and that the
respondent can peacefully carry on with the construction
work without any interference from the petitioner.
………….……..J
(A.CHOWDHURI
…………..……..J
(D.MONGA)
NEW DELHI,
FEBRUARY 17, 2020

ORDER XVI RULE 4(1) (a)
(UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA)
WITH

Court Fee: 1500/-
POSITION OF PARTIES
DR. A.N. KUMAR
DIRECTOR, GLS ENGINEERING COLLEGE……. PETITIONER
Versus
NCT OF DELHI

(URBAN DEVELOPMENT DEPARTMENT) ……. RESPONDENT
To,
THE HON’BLE CHIEF JUSTICE OF INDIA AND HIS
COMPANION
JUDGES OF THIS HON’BLE COURT
THE HUMBLE SPECIAL LEAVE PETITION OF THE
PETITIONER ABOVE NAMED
MOST RESPECTFULLY SHOWETH:
1. The present Special Leave Petition is being preferred
assailing the final order and judgment dated
17.02.2020(“impugned order”) passed by the
Division Bench of the High Court of Judicature at
Delhi in Writ Petition No. 5897 of 2020, whereby the
High Court has erroneously adjudged that the
institute does not fall under the ambit of the
educational institution according to the Noise
Pollution (Regulation and Control) Rules, 2000.
Additionally, the court has held that the noise
pollution caused due to construction by the Urban
Development Authority did not cross the prescribed
limits and was not to the extent of disturbing the
college students.
2. QUESTIONS OF LAW
I. WHETHER GLS Engineering College fall under
the ambit of Educational Institute according to
Rules,2000?
II. WHETHER the case is made out to demonstrate
substantial environment dispute and existence of

actionable nuisance of air/noise pollution on
account of construction activities carried out by
the Respondent?
III. WHETHER the prescribed limits of Noise
Pollution in the measurement of dB(A) leq*
(Regulation and Control) Rules, 2000 were
exceeded?
IV. WHETHER the High Court could have passed the
impugned order without taking into the account
the effects of the view of the decision of the
Hon’ble Supreme Court in Judgment of Subhash
Kumar v. State of Bihar reported in (1991) 1 SCC
598and in Farhd K. Wadia v. Union of India &
Ors. reported in Civil Appeal No. 7131 of 2008?
3. DECLARATION IN TERMS OF RULE 4(2):
The Petitioner states that the Petitioner has not
filed any other petition seeking leave to appeal, in
this Hon’ble Court against the impugned final
order and judgment dated 17.02.2020 passed by
the Division Bench of the High Court of Judicature
at Delhi in Writ Petition No. 5897 of 2020.
4. DECLARATION IN TERMS OF RULE 6:
The Annexures 1 - 7 produced along with the
Special Leave Petition are true copies of the
pleadings/documents which form part of the
record of the case in the Court below against

whose order the leave to appeal is sought for in
this Petition.
5. GROUNDS:
A. Considering the fact GLS Engineering
College comes under the definition of
‘educational institution’ under Rule 2(e) of
Rules, 2000 and the 100m area surrounding
the college is declared as silence zone, such
construction cannot be carried over and the
act is in violation of the restrictions under
Rules, 2000.
B. Because considering the fact that as per the
definition of ‘educational institution’ under
Rule 2(e) of the Noise Pollution (Regulation
and Control) Rules, 2000, establishments
such as the GLS Engineering College which
is providing education, area around it would
be considered Silence Zone as per Rule 3(5).
C. Because considering the fact that as per the
Notification dated 03.04.2008 by the
Department of Environment, Government of
NCT of Delhi, silence zone for the purposes
of Rule 3(5) of the Noise Pollution
(Regulation and Control) Rules, 2000, would

comprise of an area of 100m around all
educational institutions having more than
1000 students, the Hon’ble High Court has
erroneously adjudged that GLS College not
being state accredited does not fall under the
definition of educational institution and
thereby, does not fall in the category of
silence zone.
D. Because considering the fact that such
pollution has affected the health and mental
peace of the students by crossing the
prescribing limit of noise, violating Rule 7(1)
of the Noise Pollution (Regulation and
Control) Rules, 2000.Such construction
should be stopped and restrictions as per
Rules, 2000 should be imposed.
E. Because considering the fact that dust
emanating from the Construction sites has
and will affect the health of the students.
Still no dust mitigating measures were taken
by the Respondent at the construction site.
This fact was also raised before the High
Court and was not objected to by the
Respondent. Thus, such construction
should be stopped and restricted as per the
Environment (Protection) Amended Rules,
2018.
F. Because considering the fact that the Urban
Development Authority has ignored several
reminders and warnings, Respondent State
has failed to understand the gravity of
situation. Further, the Delhi Pollution
Control Committee and the authority under
Rules, 2000 have ignored the complaint
regarding the construction against the Delhi
Urban Development Authority, it was
imperative for the Hon’ble High Court to take
cognizance of the matter and mandate the
Respondent to stop the construction and to
carry out the development process in
accordance with the restrictions under the
Rules, 2000 and The Environment
(Protection) Amended Rules, 2018.
G. Because considering the fact that Supreme
Court in the case of Subhash Kumar v.
State of Bihar reported in(1991) 1 SCC
598 held that right to life is a fundamental
right under Article 21 of the Constitution
and it includes the right to enjoyment of
pollution free water and air for full
enjoyment of life, the Hon’ble High Court
erroneously adjudged that the pollution

caused by the construction did not violate
the fundamental rights of the students,
teaching and non-teaching staff of the GLS
College.
This Hon’ble Court in the aforementioned
matter had also adjudicated that if anything
endangers or impairs that quality of life in
derogation of laws, a citizen has recourse to
Article 32 of the Constitution for removing
the pollution of water or air which may be
detrimental to life.
H. Because considering the fact that this
Hon’ble Court while upholding the judgment
by the Hon’ble Bombay High Court, in the
matter of Farhd K. Wadia v. Union of
India & Ors. reported in Civil Appeal No.
7131 of 2008 has held that the Rules under
Rules, 2000; are sacrosanct and that the
area of 100 meters around an Educational
Institution according to the rules was silence
zone.
I. Because considering the fact that because of
emanating dust and constant noise caused
by the construction, students are not able to
concentrate on study and many students
would face health issues, it is imperative for

this Court to rectify the error of the Hon’ble
High Court.
6. GROUND FOR INTERIM RELIEF:
I. Because the Division Bench of the High Court
failed to appreciate that passing of the Writ of
Mandamus for stopping the construction adjacent
to the college disturbing the students of the college
and polluting the air was in clear violation of the
judgment of the honorable Supreme Court in
Subhash Kumar v. State of Bihar (1991) 1 SCC
598.
II. Because the Division Bench of the High Court
failed to appreciate that such construction
adjacent to an educational institution was in
violation of the rules of the Noise Pollution
(Regulation and Control) Rules, 2000, as held by
the Supreme Court in the matter of Fardh K.
Wadia v. Union of India & Ors.(Civil Appeal No.
7131 of 2008).
III. Because as per the Notification dated 14.02.2000
by the Ministry of Environment and Forests, the
Central Government passed Noise Pollution
(Control and Regulation) Rules, 1999 for the
regulation and control of noise producing and
generating sources.
Rule 3(5) of the Rules states that:

Rule 3: Ambient air quality standards in
respect of noise for different areas/zones –
5. An area comprising not less than 100 meters
around hospitals, educational institutions and
courts may be declared as silence area/zone for
the purpose of these rules.
Rule 7(1) of the Rules states that:
Rule 7. Complaints to be made to the
authority- (1) A person may, if the noise level
exceeds the ambient noise standards by 11) dB (A)
or more given in the corresponding columns
against any area/zone, make a complaint to the
authority.
SCHEDULE
(See rule 3 (1) and 4 (1) Ambient Air Quality
standards in respect of Noise
Area CodeCategory of Area Limits (day &night)(A)
Industrial area 75 70
(B) Commercial area 65 55
(C) Residential area 55 45
(D) Silence Zone 50 40
IV. GLS engineering college is an educational
institution and the said construction is within the
100 meters and the construction is creating
constant noise exceeding the standard limit, thus
violative of the above-mentioned rules.
V. Because the Division Bench of the High Court

failed to appreciate that such construction
adjacent to an educational institution was in
violation of the rules of the Environment
(Protection) Amended Rules, 2018.
VI. Because as per the Notification dated 25.01.2018
by the Ministry of Environment and Forests, the
Central Government passed The Environment
(Protection) Amended Rules, 2018 for the
regulation and control of dust producing and
generating sources. Section 106 & Section 107 of
the Rules states that:
106. Mandatory Implementation of Dust
Mitigation Measures for Construction and
Demolition Activities for projects requiring
Environmental Clearance –
(i) No building or infrastructure project requiring
Environmental Clearance shall be
implemented without the approved
Environment Management Plan inclusive of
Dust mitigation measures
(ii) Roads leading to or at construction sites must
be paved and blackstopped.
(iii) No excavation of soil can be carried out
without adequate dust mitigation measures in
place.
(iv) No loose soil or sand or construction &
demolition waste or nay other construction

material that causes dust shall be left
uncovered.
(v) Wind breaker of appropriate height of the
building height and max up to 10 meters shall
be provided.
(vi) Water sprinkling system shall be put in place.
(vii) Dust mitigation measures shall be displayed
prominently at the construction site for easy
public viewing.
107. Mandatory Implementation of Dust
mitigation Measuresfor all Construction and
Demolition Activities:
(i) Grinding and cutting of building materials in
open area shall be prohibited.
(ii) Construction material and waste should be
stored within earmarked area and road side
storage of construction material and waste shall be
prohibited.
(iii)No uncovered vehicles carrying construction
material and waste shall be permitted.
(iv)Construction and Demolition waste processing
and disposal site shall be identified and required
dust mitigating measures be notified at the state.
Note: The serial numbers 106 and 107 above shall
apply to cities and towns where value of particulate
matter 10/particle matter 2.5 exceeds the

prescribed limits in National Ambient Air Quality
Standards.
VII. The respondent after getting the Environment
Clearance has not adopted any dust mitigating
measures at the site of construction activities
which is violative of the above mentioned rule.
VIII. Further, the balance of convenience also lies in
favour of the Petitioner and therefore, it is
imperative that this Hon’ble Court may grant the
interim relief(s) as prayed for by the Petitioner.
7. MAIN PRAYER:
It is therefore respectfully prayed that this Hon’ble
Court may be pleased to:
a) Direct the Respondent to stop the
construction as detailed in paragraph 5 of
the Petition, for endangering the life of
students of GLS Engineering College and
violating the provisions under the Noise
Pollution (Regulation and Control) Rules,

2000 and The Environment (Protection)
amended Rules, 2018.
b) Direct Respondent to initiate action against
such construction that is hampering the
health and future of the student.
c) Direct the respondent to ensure that any
such construction near the silence
area/zone should not be initiated without
taking prior permission from the concerned
authority and should be restricted by the
Rules, 2000.
d) Pass such other order/s as this Hon’ble
Court may deem fit and proper in the
interest of Justice.
8. PRAYER FOR INTERIM RELIEF:
It is respectfully prayed that this Hon’ble Court
may be pleased to:
a) Stay the operation of the impugned final
order and judgment dated 17.02.2020passed
by the Division Bench of the High Court of
Judicature at Delhi in Writ Petition No. 5897
of 2020;
b) Pass an immediate temporary injunction for
the construction carried on the adjacent side
of the college.
c) Pass such other/further orders as this
Hon’ble Court may deem fit and proper in the
facts and circumstances of the present case.
AND FOR THIS ACT OF KINDNESS, THE PETITIONER
AS IN DUTY BOUND, SHALL EVER PRAY.
DRAWN BY FILED BY
Avijeet Makvana (Avijeet Makvana)

Advocate on Record for the
Petitioner
PLACE: NEW DELHI

DRAWN ON: 28.02.2020
FILED ON: 01.03.2020
INTHE SUPREME COURT OF INDIA
SPECIAL LEAVE PETITION (CIVIL) NO. 111 OF 2020

(WITH INTERIM RELIEF)
IN THE MATTER OF:
DR. A.N. KUMAR
DIRECTOR, GLS ENGINEERING COLLEGE
A-3/45, SEC. 8, ROHNI,
DELHI- 110085 ……………………………….…………
PETITIONER
Versus
STATE OF NCT OF DELHI
Maulana Azad Rd, Rajpath Area, Central Secretariat, New
Delhi-110001 ……………………………………… RESPONDENT
CERTIFICATE
Certified that the Special Leave Petition is confined only to the
pleadings before the Court whose order is challenged, and the
other documents relied upon in those proceedings.No
additional facts, documents or grounds have been taken
therein or relied upon in the Special Leave petition.It is

further certified that the copies of the documents/annexures
attached to the Special Leave Petition are necessary to answer
the questions of law raised in the petition. This certificate is
given on the basis of the instructions given by the
Petitioner/person authorized by the Petitioner whose affidavit
is filed in support of the Special Leave petition.
(Avijeet Makvana)
Advocate-on-Record
forPetitioner
PLACE: NEW DELHI
DATE: 01.03.2020
SPECIAL LEAVE PETITION (C) NO. 111 OF 2020
Court Fee: 20/-

IN THE MATTER OF:
DR. A.N. KUMAR
DIRECTOR, GLS ENGINEERING COLLEGE ….PETITIONER
Versus
NCT OF DELHI

(URBAN DEVELOPMENT AUTHORITY)
……….RESPONDENT
AFFIDAVIT
I, AN KUMAR, Aged about 48 years, R/o 8-2-283/D/5, Plot
No.2, Road No.3, New Delhi - 110001, do hereby solemnly
affirm and declare as under:
1. That I am the Petitioner in the above-mentioned Special
Leave Petition and as such I am well conversant with
the facts and circumstances of the case and competent
and authorized to swear the present affidavit on behalf
of the GLS Engineering College.
2. That I have gone through the Synopsis and List of Dates
and the Special Leave Petition from paragraph 1 to 8

and I state that the contents thereof are true and
correct to my knowledge.
3. That the Annexures attached to the present Special
Leave Petition are true and correct copies of their
respective originals.
DEPONENT
VERIFICATION
Verified and signed at New Delhi on this 1st day of March,
2020 that the contents of paras 1 to 3 of my above affidavit
are true and correct to my knowledge and belief, no part of it
is false and nothing material has been concealed therefrom.
DEPONENT
Appendix
1. Article 21 of the Constitution of India, 1950
Protection of life and personal liberty – No person shall be

deprived of his life or personal liberty except according to
procedure established by law.
2. Rule 2(e) of the Noise Pollution (Regulation and

Control) Rules, 2000
Definitions – Educational Institution
“educational institution” means a school, seminary,

college, university, professional academics, training
institutes or other educational establishment, not
necessarily a charted institution and includes not only
buildings, but also all grounds necessary for the
accomplishment of the full scope of educational
instruction, including those things essential to mental,
moral and physical development;
3. Rule 3(4) of the Noise Pollution (Regulation and

Ambient Air Quality 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 life to avoid noise
menace and to achieve the objective of maintaining the
ambient air quality standards in respect of noise.
4. Rule 3(5) of the Noise Pollution (Regulation and
Ambient Air Quality Standards in respect of Noise for

Different Areas/Zones –
(5) An area comprising not less than 100 meters around

hospitals, educational institutions and courts may be
declared by the State Government as silence area/zone for
the purpose of these rules.
Provided that, an area shall not fall under silence area or

zone category, unless notified by the state Government in
accordance with sub-rule (2).
5. Rule 5A (3) of the Noise Pollution (Regulation and

(3) Sound emitting construction equipments shall not be

used or operated during night time in residential areas
and silence zones.
6. Rule 7(1) ofthe Noise Pollution (Regulation and Control)
Rules, 2000
Complaints to be made to the authority-
(1) A person may, if the noise level exceeds the ambient
noise standards by 11) dB (A) or more given in the
corresponding columns against any area/zone, make a
complaint to the authority.
SCHEDULE
(See rule 3 (1) and 4 (1)Ambient Air Quality standards in respect of
Noise
Area Code Category of Area Limits (day & night)
(A) Industrial area 75 70

(B) Commercial area 65 55
(C) Residential area 55 45
(D) Silence Zone 50 40
7. Section 106 of The Environment (Protection) Amended

Rules, 2018
Mandatory Implementation of Dust Mitigation Measures for

Construction and Demolition Activities for projects requiring
Environmental Clearance –
(i) No building or infrastructure project requiring

Environmental Clearance shall be implemented
without the approved Environment Management
Plan inclusive of Dust mitigation measures
(ii) Roads leading to or at construction sites must be
paved and blackstopped.
(iii) No excavation of soil can be carried out without
adequate dust mitigation measures in place.
(iv) No loose soil or sand or construction & demolition

waste or nay other construction material that causes
dust shall be left uncovered.
(v) Wind breaker of appropriate height of the building

height and max up to 10 meters shall be provided.
(vi) Water sprinkling system shall be put in place.
(vii) Dust mitigation measures shall be displayed

prominetly at the construction site for easy public
viewing.
8. Section 107 of The Environment (Protection) Amended

Rules, 2018
Mandatory Implementation of Dust mitigation

Measures for all Construction and Demolition
Activities:
(i) Grinding and cutting of building materials in open area
shallbeprohibited.
(ii) Construction material and waste should be stored

within earmarked area and road side storage of
construction material and waste shall be prohibited.
(ii) No uncovered vehicles carrying construction material
and waste shall be permitted.
(iii) Construction and Demolition waste processing and
disposal site shall be identified and required dust
mitigating measures be notified at the state.
Note: The serial numbers 106 and 107 above shall apply to
cities and towns where value of particulate matter
10/particle matter 2.5 exceeds the prescribed limits in
National Ambient Air Quality Standards.
VAKALATNAMA Rs. 10 Rs. 10
COURT WELFARE
FEE FEE
IN THE MATTER OF
DR. A.N. KUMAR
DIRECTOR, GLS ENGINEERING COLLEGE …….PETITIONER
Versus
NCT OF DELHI

(URBAN DEVELOPMET DEPARTMENT)
………..RESPONDENT
I Dr. A.N. Kumar, S/o Mr. O.P. Kumar, in my capacity as
Director of GLS Engineering College do hereby appoint &
retain Advocate Avijeet Makvana (hereinafter called as “the
Advocate”) to be the advocate in the abovementioned petition.
I authorize the Advocates to do any or all of the following on
my behalf:
a) to represent, act and appear for GLS Engineering College;
b)to conduct and prosecute (or defend) the same and all
proceedings that may be taken in respect of any application
connected with the same or any decree of order passed
therein;
c) to sign, file, verify, present, and receive all types of
documents including plaints, statements, pleadings, appeals,
cross objections, petitions,applications, revision, withdrawal,
compromise or affidavits;
d) to withdraw or compromise or submit to arbitration any
differences or disputes that may arise touching or in any
manner relating to the said case;
e) to deposit, draw and receive money, cheques, cash and
grant receipts thereof;
f) to do all other acts and things which may be necessary or
expedient, in the opinion of the Advocates, to be done.
I do hereby agree to ratify and confirm all acts done by the
Advocate or his substitute in the matter as my own acts, as if
done by me to all intents and purposes.
……………………………Sd/-……………………………………
Signatures of Person Appointing the Advocates
Advocate Enrollment Mobile No. Signature of

Name No. Advocate
Avijeet R/3993/2012 +91 Sd/-
MAkvana 8851983722
IN WITNESS WHEREOF I/We have hereto set my/our
hand(s) at New Delhi this 1ST day of MARCH, 2020 and
delivered to the said counsel(s).

(Avijeet Makvana)
ADVOCATE ON RECORD SUPREME COURT
MEMO OF APPEARANCE
To,
The Registrar,
Supreme Court of India
New Delhi
Sir,
Please enter my appearance on behalf of the
Petitioner(s) /Appellant(s)/ Respondent(s) /Intervenor in the
matter above mentioned.
Dated this ___________day of____________________2020.
Yours faithfully,
(Avijeet Makvana)
Advocate-on-Record for Petitioner
T True Copy Annexure – 1
Urban Developmental Plan dated 15.09.2019
Construction
Site
GLS
ENGINEERING
COLLEGE
True Copy
Annexure – 2 (Colly)
To Director,
GLS Engineering College,
Rohini, New Delhi-85
Dated – 10.01.2020
Respected Sir,
Subject:Disturbance caused in class due to construction site.
This is with regards to the continuous noise created by our
adjacent construction site. Due to the continuous noise and
dust I was not able to complete my paper on time as to which
I have suffered a fall in my academic grade.
I was also not able to make complete notes of the class as due
to the heavy drilling, the professor was not completely audible
which has disturbed my concentration level. I would like to
request you to look into the matter and provide for any
remedy possible.
Eagerly awaiting a response.
With regards
Akhand Pratap Singh Gaur
Batch 2015-20
To Director,
GLS Engineering College,
Rohini, New Delhi-85
Dated – 11.01.2020
Respected Sir,
Subject:Disturbance caused in class due to construction site.
This is with reference to the noise pollution and the air
pollution caused in the college premises due to the adjacent
construction site and the regular process being carried out
there.
I am a patient of migraine and due to the noise pollution, I
am suffering from extreme discomfort. The noise also causes
low concentration in the classes and during our practical
classes. It is also hampering with the concentration needed
during the examination time as the construction is still going
on throughout the day. I request you to look into the matter
and find a possible solution as to provide relief to the
aggrieved students.
With Regards
Satyam Singhla
Batch 2016-21
True Copy
Annexure - 3
The Vice Chairman,
Urban Development Authority,
INA, New Delhi-110051
14.01.2020
Sir,
Subject: Regarding the Urban Development Plan passed
for construction in Rohini, Sector 8, New Delhi.
This is with the reference above cited development plan, I, Dr.
A.N. Kumar, Director, GLS Engineering College would like to
bring it to your kind notice that as per the Urban
Development Plan/Layout being passed, you have failed to
notice that there is a college within 100 meter range which by
constant construction is facing various problems.
I would like to request you to please consider that there is an
educational institution in the midst of the development area,
which by constant construction wouldsuffer disturbance
caused to the students and the staff members of the
educational institution. Even the dust emanating from the
construction sites had adversely affected the health of our
students.
Therefore, I would like to request that construction hours
either be shifted after the college has been over or during the
summer break of the college so that for the period of 2

months the initial work which require heavy machinery that
causes noise can do their work as at that point of time there
will be no such disturbance to the students.
I hope you will consider the above-mentioned proposal and
take the best decision.
Thanking You
Yours Sincerely,
Dr. A.N. Kumar
Director, GLS Engineering College

True
Annexure - 4
To,
The Vice Chairman,
Urban Development Authority,
INA, New Delhi-110051
20.01.2020
Sir,
Subject: Regarding Letter dated 14.01.2020 and the
Urban Development Plan passed for construction in
Rohini, Sector 8, New Delhi.
This is with the reference to the letter cited above. I, Avijeet
Makvana, Advocate; have been instructed by my client Dr.
A.N. Kumar, the Director of GLS engineering college to
intimate you that if no action is taken by your kind self,
regarding the construction in violation of the Noise Pollution
(Regulation and Control) Rules, 2000; we would be initiating
legal proceedings against the Urban Development Authority.
My client had sent a letter dated 14.01.2020 regarding the
layout passed for construction of both residential and
commercial area as passed by the Urban Development
Authority to which no reply has been received till date.
This is to bring to your kind notice that because of the
constant construction, dust and noise that is created is

causing severe health issues to the students of the college
because of which they now are facing treatment and are not
able to concentrate on their studies. The constant
construction has also called nuisance to the college which
has disturbed the routine of the whole college.
We hope that you consider the above mentioned problem and
reply as soon as possible and that if no reply is received legal
actions as mentioned would be taken against the Urban
Development Authority.
Thanking You
Yours Sincerely,
Avijeet Makvana
(Advocate-on-Record Supreme Court)

True Copy
Annexure - 5
To,
Concerned Senior Environmental Engineer of CMC
Delhi Pollution Control Committee
4th Floor, ISBT Building,
Kashmere Gate, Delhi-06
22.01.2020
Sir,
I, Dr. A.N. Kumar, 45, resident of A-3/45, Sector 8, Rohini,
110085 hereby make the following complaint that GLS
engineering college is facing constant dust and noise pollution
because of construction conducted by Urban Development
Authority.
Under the Noise Pollution (Regulation and Control) Rules,
2000, there is a ban on construction within 100 m of an
educational institution without police permission. Therefore,
the construction within the range 100 meters of the college,
violates this rule. Further, to suppress the dust, none of the
dust mitigating measures are being taken by the Urban
Development Authority as per the Environment (Protection)
Amended Rules, 2018.
Despite the clear-cut provisions of these rule the construction
is going on for past 5 days. This is a blatant violation of law.

During the past 5days starting from 08.01.2020, I have
myself witnessed this violation of law. There are many other
persons who are witness to these infringements.
In view of the facts stated above the following offences have
been committed:
Violation of Rule 3 (5) and 6 of the Noise Pollution (Regulation
and Control) Rules, 2000 read with section 15 of the
Environment Protection Act, 1986& Violation of section 106
and Section 107 of The Environment (Protection) Amended
Rules, 2018. Since the violation of a Rule issued under the
Environment Protection Act has been made punishable under
section 12 of the Environment Protection Act, 1986, and that
the Noise Pollution (Regulation and Control) Rules 2000 have
been made under the said Act, therefore, an offence under
this statutory Act has been committed.
I would request you to look into the matter and provide us
quick relief. A copy of this letter has been sent also to the
Chairman and Secretary to the Delhi Pollution Control
Committee. Yours faithfully,
Dr. A.N. KUMAR
A-3/45, Sector 8, Rohini

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MOOT COURT FILE

Submitted To:- Prof. Anand singh

Avijeet Makvana IUU15BBL035

CIVIL APPELLATE JURISDICTION

[SPECIAL LEAVE PETITION NO. 111 OF 2020]

[Under Article 136 of the Constitution of India]

[AGAINST THE IMPUGNED FINAL ORDER AND JUDGMENT

IN THE MATTER OF:

DR. A.N. KUMAR

DIRECTOR, GLS ENGINEERING COLLEGE……. PETITIONER

THROUGH SPECIAL SECRETARY

(URBAN PLANNING DEPARTMENT) ……………RESPONDENT

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION NO. 111 OF 2020

(PRAYER FOR INTERIM RELIEF)

[AGAINST THE IMPUGNED FINAL ORDER AND JUDGMENT

IN THE MATTER OF:

DR. A.N. KUMAR

DIRECTOR, GLS ENGINEERING COLLEGE…...PETITIONER

THROUGH SPECIAL SECRETARY

(URBAN PLANNING DEPARTMENT) …………..RESPONDENT

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION NO. 111 OF 2020

(PRAYER FOR INTERIM RELIEF)

[AGAINST THE IMPUGNED FINAL ORDER AND JUDGMENT

IN THE MATTER OF:

DR. A.N. KUMAR

DIRECTOR, GLS ENGINEERING COLLEGE………PETITIONER

THROUGH SPECIAL SECRETARY

(URBAN DEVELOPMENT DEPARTMENT)………RESPONDENT

SR. PARTICULARS PAGE NO.

1. Office report on limitation 01

2. Listing Performa 02-03

3. Synopsis and List of Dates 04-08

Final order and judgment dated

6. Appendix of Laws Applicable 29-32

ANNEXURE-1: True copy of the Urban

ANNEXURE-2 (Colly): True Copy of

ANNEXURE-3: True copy of the letter

ANNEXURE-4: True Copy of the letter

ANNEXURE -6: Notification dated

ANNEXURE-7: Notification dated

ANNEXURE-8: Notification dated

GOVERNMENT OF NCT OF DELHI

NAMES OF THE ACC/. REGISTERED USER: SCHLLED

LOCATION: SUPREME COURT

e-COURT RECEIPT NO : DLCT0458B1632l865

e-COURT FEE AMOUNT: 1500/-

(Rupees Fifteen Hundred Only)

IN THE SUPREME COURT OF INDIA

SPECIAL LEAVE PETITION (CIVIL) NO.111 OF 2020

IN THE MATTER OF:-

DR. A.N. KUMAR

DIRECTOR, GLS ENGINEERING COLLEGE………PETITIONER

THROUGH SPECIAL SECRETARY

OFFICE REPORT ON LIMITATION

1. The Petition against the impugned judgment dated

17.02.2020 is within time.

2. The Petition is not barred by time and there is no delay

PLACE: NEW DELHI

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION