AUGUSTO RODRIGUES
PORVORIM: The Goa Bench of the Bombay High Court on Wednesday named Salud and Hill Top in Ozran, along with five others, as party respondents in a contempt petition regarding sound pollution in the coastal belt of North Goa.
The following five establishments – Diaz Club and Bar, Anjuna; Noah Goa, Ozrant, Vagator; Thalassa, Vaddy Siolim,Bardez; Bar Hifi, Chapora and House of Chapora were granted leave to implead as part respondents during the last hearing.
“Based on the report submitted by the police on calls made to PCR and the follow up, Vagator seems to be the most peaceful place to be in with absolutely no noise,” said Justice Valmiki Menezes as Amicus Curiae Nigel Costa Frias requested that Hill Top and Salud in small Vagator also be added to the list.
“The Goa State Pollution Control Board (GSPCB) must have a specific plan of the area of operation and the names of the persons either owning or directors should be provided and placed on record along with all other permissions like Panchayat, Excise and Food and Drug Administration (FDA) before this court,” insisted Justice Valmiki Menezes during the course of deliberations.
“Don’t go slow on issuing corrigendum to Hill Top and Salud so that enforcement can start soon,” Justice Menezes directed Manish Salkar, advocate for GSPCB.
“A two point plan is being envisaged to address the problem,” offered Advocate General Devida Pangam. “First, the GSPCB will need to inspect and find out where music is being played indoor and outdoor and secondly, enclosed areas should be checked whether they are acoustic proof.”
To this senior Justice M S Karnik responded, “Yes, that is the way forward. With this we seem to be arriving at a point of solving the problem. There cannot be smoke without fire.”
During the course of hearing ,the GSPCB was directed to inspect all establishments that claim they are playing music in enclosed places and if any of the places does not have consent to operate, the same be closed.
“Music played in the open is not only about the W hotel. All places that are playing in the open need to be checked whether they have consent to operate, NOC from GSPCB to play till ten pm,” directed Justice Karnik .
“If music is played louder than the decibel prescribed before ten pm action must be taken,” directed Justice Karnik, a direction welcomed by the locals.
“Since the intervention by the High Court, these guys were blasting music from 3pm till 10 pm,” confessed Sharon Lobo, a victim of noise pollution.
“The affidavit filed today shows all the procedures to be followed when fixing the live sound monitoring system. We will be finalising the equipment to be purchased,” said GSPCB advocate Manish Salkar as the advocate for House of Chapora claimed that the company had already ordered noise monitoring equipment.
“Where is the GSPCB Action Plan” questioned Justice Menezes. “How do you give permission to a place without an Action Plan?, continued Justice Menezes to which Salkar replied: “ we are going to be inspecting the places.”
“The plan of the enclosed areas needs to be specific because it is from these places that complaints of noise being heard outside are common,” interjected Advocate General Pangam.
The protocol of ambient noise monitoring network program in India, presented by GSPCB to the High Court, prescribes fifty five DB during the day and forty five DB during the night in residential areas.
The next hearing has been scheduled for September 17, 2024.