AUGUSTO RODRIGUES
PORVORIM: Taking strong exception to the Goa State Pollution Control Board (GSPCB) advocate’s vague answers on the ongoing hearing on sound pollution in the Anjuna-Vagator beach belt, Goa Bench of the Bombay High Court stated on Monday that it may have to appoint a committee to enforce decibel restrictions if the GSPCB failed to do so.
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“We may have to appoint a committee if enforcement is not done,” warned Justice M S Karnik during the proceedings of the Contempt Petition 12, 2023 of sound pollution on Monday.
As Advocate General Devidas Pangam informed the Goa bench of the Bombay High Court that an FIR was registered and two units had been served notices, Amicus Curiae Nigel Costa Frias informed that the five units asked to install live monitoring systems were still flouting rules. “We have to enforce the rules,” said Justice Karnik. “This cannot keep going on this way. There needs to be a system in place,” he added.
To this, GSPCB advocate Manish Salkar replied, “We have sealed Salud and House of Chapora is now allowed to operate after they have informed us that they will be playing music indoors.”
“Why have no FIRs been filed,” asked Justice Karnik when Salkar stated that the parties have yet to reply to the notices issued to them. “How many units have been issued notices,” he enquired and Salkar responded, “two should reply by today.”“How many cases that have been reported, have been stopped,” inquired a bewildered Justice to which Salkar had no response.
“Every breach is not a breach. The average decibel is required to determine whether a unit broke decibel limits,” advocate General tried to explain to Justice Karnik and Justice Nivedita P Mehta.
“Show cause notices have been issued to six units asking them why their licenses should not be revoked and two have replied. The other four have yet to get back to us,” explained Salkar as Justice Karnik sought positive responses.
“Which are the six places you have given show cause notices to and have the live sound monitoring systems been installed by the five units asked to do so?” Justice Karnik wanted to know.“Some have and some have not,” answered Salkar to the puzzlement of the judge.
The High Court was informed that a show cause notice has been issued to Diaz and Noah. “Our club is situated on the main road and we take the acoustics indoors after ten pm,” argued the advocate for Diaz.
“We do not play music outside after 10 pm. I am not a night club. I am a restaurant and not a disco or night club. We close our business by eleven,” disclosed the counsel for Noah situated in Ozrant in Vagator and is one of the places that has been ordered to install a live monitoring system.
“It is shocking that the GSPCB has not given me copies of their affidavit submitted to court during the last hearing and nor have I been given the documents presented to the court today,” said petitioner Desmond Alvares.
“The police have lodged an FIR against a unit that is not even heard of making noise in Anjuna. They seem to be going after the small fry to mislead the court and the GSPCB is trying to use delaying tactics by issuing notices when it is evident that all units are flouting rules,” alleged Alvares.
“That the police decided to book Sangria Tapas and Music instead of Hill Top, against whom I have made numerous complaints, shows the ‘seriousness’ of the government,” said Desmond D’Souza, resident of Vagator.
When Justice Karnik asked the GSPCB advocate whether Hill Top and Salud were impeded, the advocate replied, “Salud has been sealed.”
