AUGUSTO RODRIGUES
PORVORIM: The fight against decibel violators in the Anjuna-Vagator beach belt yielded some relief for locals on Wednesday, with the Bombay High Court at Goa directing Diaz Pool Club and Bar, Noah in Vagator and Thalassa in Vaddy, Siolim – to stop playing music.
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The Court further directed the three units to operate only the restaurants after accepting an undertaking from the three in this respect.
“The Goa State Pollution Control Board (GSPCB) is entitled to modify their consent to operate until the outcome of the hearing, where their consent to operate is revoked,” stated Justice M.S Karnik as the Contempt Petition 12 of 2023 came up for hearing in the afternoon.
The order read: “However, considering that the establishments are carrying on the business by employing a large number of staff and workers, the entire closure of the business will have drastic consequences and hence respondent No. 13 (Diaz), 14 (Noah) and 15 (Thalassa at Vaddy, Siolim) though may continue to operate their business, the same should be without playing any music. It is however made clear that this is subject to the Administrative Tribunal passing appropriate interim orders without being influenced by the observation made by this court.”
Justice Karnik showed his annoyance when contempt petitioner Desmond Alvares brought to the notice of the court that he was attacked by the owner of House of Chapora when he was on his rounds monitoring noise levels on December 13, 2024.
“I was bashed up by the owner of House of Chapora when I was outside his place having a cup of tea and trying to monitor the noise levels. The police have filed an FIR after I complained,” Alvares informed the court.
“This cannot be allowed to happen. I need you to take corrective measures,” Justice Karnik directed Advocate General Devidas Pangam, who agreed to investigate and see that the State takes remedial action.
“Please allow us to run our restaurant without playing music either indoor or outdoor. We ask the court to even nominate an individual to be at our location to check whether we are playing music and we are ready to pay him,” stated the advocate representing Diaz Pool Club and Bar during the hearing on Tuesday.
The hearing on Tuesday began with GSPCB Advocate Manish Salkar informing the judges – Justice Nivedita P Mehta and Justice M.S Karnik – that orders have been passed to seal four units and that from those, two were de-sealed.
“Why have two been de-sealed,” asked Justice Karnik. “There has to be a reason why they were sealed and reason why they were de-sealed,” reasoned Justice Karnik whilst seeking justification from Salkar.
“We had withdrawn our orders after receiving representation from them that they would not play music outside. We are still ascertaining whether they are complying,” explained Salkar.
“As far as Hill Top is concerned, notice has been served to them not to play in the open. They have asked for a week to reply and we will take a call on them once their reply is received,” promised Salkar after Justice Karnik wanted to know the steps taken by GSPCB to rope in the unit.
Advocate Gilman Coelho Pereira, who was representing Hotel W that was recently raided and against whom an FIR was registered by Anjuna Police, said, “If we bring a noise pollution monitor to this court, we will be breaking all sound levels. The sound is not as loud as it is being made out to be.”
“The sound levels prescribed by the Supreme Court cannot be discussed or debated. It is the law and needs to be followed irrespective of what anyone may think,” butted in Attorney General Pangam.
“There is a difference between music and noise and we are here to sort the problem created by noise. If you think your unit was not making noise and you have the CCTV recording, present it,” Justice Karnik advised Coelho Pereira.
At this point advocate Gauresh Malik representing petitioner Javish Moniz disclosed that, “Hotel W plays music in six different places in its properties well past midnight and there is no evidence to prove that they have permission to play music in all the places.”
At this point, units that wanted the court to deliberate on whether only their restaurants could function without music intervened asking for clarity on the matter.
“I can amend and alter the revocation order and pass an order restraining them from playing music and only run their restaurant,” assured GSPCB advocate Salkar.
To which, petitioner Desmond Alvares said, “I have seen only one noise monitoring system put up till now and their readings were not accessible.”
WHAT THE COURT ORDER SAID
Considering that the establishments are carrying on the business by employing a large number of staff and workers, the entire closure of the business will have drastic consequences and hence respondent No. 13 (Diaz), 14 (Noah) and 15 (Thalassa at Vaddy, Siolim) though may continue to operate their business, the same should be without playing any music.
