AUGUSTO RODRIGUES
PORVORIM: The Goa Bench of the Bombay High Court literally tore into the Goa State Pollution Control Board (GSPCB) for declaring to install live sound monitoring system, via a corrigendum, to the five clubs made respondents, without setting deadlines.
“Why is it that there are loopholes left in communication? We (The High Court) are not supposed to interfere in the functioning of the Executive. But the manner in which you leave avenues to be exploited, we have to step in. Since you leave it open, there is reason to believe something is not right. Please stop this,” Justice Menezes instructed GSPCB advocate Manish Salkar.
“The five units will need to install live noise monitoring systems within a week and you (GSPCB) will need to go and inspect. If the installation and verification is not completed in a week, they will need to be shut down,” directed Justice Valmiki Menezes during the hearing of Contempt Petition 12 /2023 at the Goa Bench of the Bombay High Court.
Advocates of the five units – Diaz Pool club and Bar, Anjuna; Noah , Goa; Thalassa, Vaddy , Siolim; Bar Hifi, Chapora and House of Chapora and a few owners - tried to impress the judges that music was being played within the norms set by the Supreme Court but a few were unable to answer questions posed by Justice M S Karnik and Justice Valmiki Menezes.
“You cannot say you were not playing loud music. If so, why would the GSPCB issue a corrigendum? Something needs to have been out of place for such intervention,” reasoned Justice Menezes.
“Rules have to be followed. We are not interested in ABC or XYZ. What interests us is that the rule of the land is followed. We are not here to pick and choose,” emphasised Justice Karnik.
Justice Menezes continued; “You say you all have complied. But the GSPCB has not completed verification,” as advocates of some of the five clubs claimed they have already installed noise monitoring systems.
“Can we know the number of complaints received in respect to music played above the permitted decibels and beyond 10 pm?” inquired Justice Menezes, with the Police and GSPCB as petitioner Desmond Alvares was absent.
“Are there any complaints in relation to these five places?” Justice Menezes insisted.
The GSPCB and the police sought “a week's time to present the number of complaints, if any”.
“Permission cannot be given to be played after ten pm and hence I don’t think there will be any complaints for music played after 10 pm,” countered GSPCB advocate Salkar.
“We have requested everyone (the five units taken as case study) to place a plan where music is to be played and accordingly where to install the noise monitoring system. Why are all plans not in place?” questioned Justice Karnik.
“Mine is a temporary structure,” admitted advocate Kapil Kerkar representing Diaz Pool Club and Bar which, according to the summary of calls records received at Anjuna Police station from 01-07-2024 till 28-08-2024 and presented to the High Court, was on the top of the list with 53 complaints.
“Temporary structure and sound proof?” questioned Justice Menezes. “How big is your area,” Justice Menezes went on to ask. “Three hundred square meters and no permission required?” pondered Justice Menezes .
“Please submit all your plans,” Justice Menezes directed the advocate representing Diaz.
The GSPCB counsel brought it to the notice of the Bench that permission to play music is not issued by the body but the Collector who does so only after the establishment has consent to operate from GSPCB.
The next hearing is scheduled for September 25, 2024.