PANJIM: Taking serious note of the detailed reportage by O Heraldo on noise pollution caused by loud music parties at the Ukiyo Beach Resort at Ashvem, Mandrem, which continued beyond 10 pm for four days, the High Court of Bombay at Goa on Wednesday refrained the resort from organising any party, playing loud music and using flashy lights in close proximity of the turtle nesting site till the next hearing on March 21.
The Court also asked the Forest Department to file a complaint against the resort with the Pernem Police Station for playing loud music and using flashy lights near the nesting site. It also impleaded Ukiyo Beach Resort as one of the respondents and issued notice to them to appear for the next hearing.
During the hearing, Advocate General Devidas Pangam filed a status report stating that an FIR has been registered against the manager and owner of Cafe La Musica for playing music beyond 10 pm. It stated that even the equipment has been seized and attached following a complaint that loud music was being played beyond 10 pm.
The status report also referred to filing of FIRs against Club Glory and Banana Forest Bar and Restaurant, both situated at Vagator for violating Noise Pollution Rules.
Adv Nigel Costa Frias pointed out that the above establishments had a history of breaching noise pollution rules and regulations. He also told the Court that in the past, Club Glory had breached noise pollution rules and regulations.
Following this, the Division Bench comprising Justice Mahesh S Sonak and Justice B P Deshpande directed the Deputy Collector to consider whether any permission should be granted to such establishments that are frequently breaching the noise pollution rules and regulations. Accordingly, the authorities must consider the history of establishments that are known to breach the noise pollution rules and only thereafter, decide whether any permission should be granted. Further, the police authorities within whose jurisdiction such establishments fall must be alert and ensure that under no circumstances these breaches should occur, particularly by such establishments.
The police must take a proactive role in this matter and not give the usual excuse about not receiving a complaint or finding that music has been stopped on reaching the site. The police are free to take action as per the law in force, the Court said.
The police must strictly enforce the terms and conditions, mainly because copies of such permissions are invariably marked to the concerned Superintendent of Police, SDPO and police inspectors.
The High Court also took cognisance of two reports published by O Heraldo under heading "Nerve wrecking loud music parties" along Morjim, Ashvem and Mandrem beaches dated February 26, 2023 and “Blaring music and glaring lights at Ashvem beach, driving the Olive Ridley Turtles away” dated February 27.
The Court directed the concerned Deputy Collector, PI, GCZMA and the Forest Department officials not only to visit the site and assess the situation, but also to file reports before the Court within next two weeks, indicating the steps taken to protect these nesting sites. The report should also indicate the impact of the permissions granted, if any, to Ukiyo Beach Resort, which is stated to be in close proximity to the turtle nesting site at Ashvem. Until the above exercise is completed, the Court restrained the authorities from issuing permits to this Ukiyo Beach Resort for music events.