MAPUSA: A contempt of court petition has been moved before the High Court of Bombay at Goa for violating the order passed by the high court on the public interest litigation that was filed by Sagardeep Sirsaikar seeking the implementation of noise pollution rules in Anjuna Vagator. However, the directions for implementation of the order were issued across the State.
In the order, the court had directed for continuous night patrolling by the local police to curb and control noise pollution in the coastal belt.
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Along with night patrolling, the authorities were also directed to set up a dedicated telephone line 112 for receiving noise pollution complaints. It said that the control room operating the helpline should maintain a record of complaints and forward the complaints to the police station.
“The police shall immediately carry out the inspection if the allegation is found to be correct, appropriate steps are required to be taken to stop such noise pollution, register FIR and investigate and proceed against the violators in accordance with the law.”
As per the court order, the police were supposed to act in case any violations are reported by the local intelligence bureau, beat staff, noise monitoring committees or any NGOs, or any other persons, and all the cases of violations should be reported to the district magistrate, who will then take action against the violators as per the provisions of the Noise Pollution (Regulation and Control) Rules 2000 and the Environment Protection Act and Rules.
Advocates Gaurish Malik said, “Contempt of court petition is filed before the high court and letters are issued to all the authorities and respondent for violating the high court order passed on the PIL.”
The PIL had stated that noise pollution has been disturbing the peace and tranquility of Chapora, Anjuna, and Vagator residents.
Malik said that some of the shack operators had even signed an undertaking before the high court that they would comply with rules and regulations with respect to noise pollution, however, have gone against the order and the undertaking.
The contempt petition is filed against the State of Goa through Chief Secretary, Ajit Roy, The Collector North, Gurudas Desai the Deputy Collector & Sub Divisional Magistrate Bardez, Shobhit Saxena Superintendent of Police North Goa, Santosh Desai Dy. Superintendent of Police, Suraj Gawas then Police Inspector of Anjuna Police Station and the Glory Shack for non-compliance of the order dated 15/12/2021 passed by the High Court in PIL WP no. 7/2021 and the violation/ non-compliance of the undertaking given.
Violations of the provisions of the Noise Pollution (Regulation and Control) Rules, 2000 (as amended) and the Goa Tourism Department Shack Policy, by the Beach Shack and failure on the part of the authorities to control and prevent violation of the aforesaid rules and regulations caused by the shacks situated at coastal areas in village Vagator and Anjuna which are playing high decibels of amplified music well beyond 10pm and for that matter even till about 6am in total defiance of the said act and rules to regulate, curb and control noise pollution.
The applicant states that in spite of giving the undertaking dated 10/12/2021, the respondent shack has been playing loud amplified music with very high decibels well beyond 10pm till the early hours of the morning, which is causing noise pollution and disturbing the peace and tranquility of the applicant as well as other adjoining residential areas of village Chapora, Anjuna and Vagator.
Upon noticing the aforesaid complaints, no inspection visit nor any surprise raid was conducted by the authorities nor the police have registered an FIR against the shacks also there is no response from the side of the District Magistrate.
The contempt petition states that no action has been taken against the violators of the various statutory provisions and/or causing noise pollution either by the respondent or by the authorities as a result of which night-long parties with loud music are carried on, on all weekdays in Anjuna.
The authorities concerned have failed to perform their statutory duties to control the noise and sound pollution in the village of Anjuna–Vagator, which has an adverse effect on the lives and well-being of the citizens of the village. This is a direct infringement of their fundamental rights guaranteed under Article 21 of the Constitution of India.
