PORVORIM: In a clear unequivocal stand, the Division Bench of the High Court of Bombay at Goa, comprising Justices M S Karnik and Valmiki Menezes, stated that till the establishments that play outdoor music do not install live noise monitoring systems they should not be allowed to play.
The Bench also asked the Goa State Pollution Control Board (GSPCB) to inform the Court by Thursday, August 22, of the time frame it would take to install a noise monitoring system in all the units playing outdoor music.
“What is the time-frame to install the system?” Justice Menezes asked the GSPCB advocate, to which the latter asked for two weeks. “The case has been going on for a while. Please make it possible to provide the details by Thursday,” ordered Justice Menezes.
“No permission should be given to any establishment that has not put up the live noise monitoring system. They either have the system or need to be shut down. There should be no exception,” interjected Amicus Curiae Advocate Nigel da Costa Frias.
“The problem of noise pollution has been going on for too long,” said Justice Menezes. “This is going on for two months when by now, we should have had a solution.” These words resonated with the victims of noise pollution, especially in the Anjuna and Vagator belt, who felt the Court heard their loud cries for help against the menace let loose by organisers of EDMs and other noise parties in Vagator and Anjuna.
The High Court bench of Justice Karnik and Justice Menezes was hearing the contempt petition filed by the original petitioner in the sound pollution case, for non-compliance with High Court directions to various authorities to curb and control sound pollution.
The GSPCB advocate presented a list of 381 establishments in the Village Panchayat of Anjuna that have been issued valid consent to operate under Water Act and Air Activity Act by GSPCB as on August 13, 2024.
“Any establishment outside the list should be shut down immediately,” retorted Justice Karnik whilst wanting to know the cost of noise monitoring system.
“Each unit will approximately cost around rupees four lakh and we are waiting to know the reaction of the owners as some units are small and may not be able to afford,” replied the GSPCB advocate, to whom Justice Karnik said, “They do so much noise, disturb everyone’s sleep and if they cannot afford to buy equipment, they should shut shop.”
The Court also turned its attention to the police and questioned its lack of alacrity in attending to complaints of loud music
Justice Menezes asked, “Who is responsible when a complaint of loud music is lodged?”
Advocate Prashil Arolkar appearing for the State replied: “Which ever officer is present is liable.”
“We are planning to monitor your registration of complaints,” said Justice Menezes. “The complaint register should be accessible to the Superintendent of Police (SP) because we are going to hold the SP responsible,” he added.
“We need instructions from the SP on how much time you are going to take to close down parties that are playing beyond time and above the decibel levels,” ordered Justice Karnik. “Even if ten violations are reported, we want to know how much time you will take to react,” he added (see box)
Petitioner Desmond Alvares presented a copy of his complaints made on August 16, 2024, at 2.40 am at the Anjuna Police Station regarding loud music being played. “We must take it as a test case,” stated Justice Menezes after perusing through the complaint. Petitioner Alvares went on to detail how establishments use the pretext of playing indoors with no provision of soundproofing and requested that soundproofing be mandatory for those opting to get permission to play indoors.
“Once the live sound monitoring systems are put in place, the need for soundproofing will not arise,” reasoned Justice Karnik.
During a stage of deliberation, the GSPCB advocate informed the court that police were given noise measuring units by the environment department. The input did not impress anyone.
“All along we knew and trusted only the High Court and today we are being proved right. It is a pity that the judges have to do what the government could easily have done, said Desmond D’Souza from Anjuna, whilst trying to restrain his emotions as he left court.
The next hearing is scheduled for Thursday, August 22, at 2.30 pm.