Amicus says residential areas must be noise-free zones, EDMs should shift elsewhere; urges strict action and real-time monitoring
MAPUSA
In a significant development during the ongoing hearing of Contempt Petition No 12/2023 before the High Court of Bombay at Goa, Amicus Curiae Advocate Nigel da Costa Frias submitted a comprehensive set of long-term measures for the prevention and regulation of noise pollution in the State.
The proposals, grounded in previous judicial directions and supported by recent recommendations from law enforcement and pollution control authorities, aim to ensure strict enforcement of existing laws, effective monitoring and the safeguarding of citizens’ fundamental rights.
Implementation of court orders
The Amicus highlighted the necessity of fully implementing the directions issued by the High Court in its judgement dated December 15, 2021, in PIL Writ Petition No. 7 of 2021, which mandates the following:
A 24x7 dedicated helpline (112) must be maintained to receive noise pollution complaints.
The control room should maintain records of complaints and forward them to the respective jurisdictional police stations.
Police officers must inspect such complaints promptly, take necessary steps to stop violations, and proceed with legal action, including registering FIRs.
Reports from the Local Intelligence Bureau, beat staff, night duty officers, NGOs or citizens must also be acted upon with equal urgency.
District Magistrates are required to take action under Rule 8 of the Noise Pollution (Regulation and Control) Rules, 2000 and the Environmental Protection Act.
The court had earlier directed the establishment of flying squads and regular patrolling, including surprise checks and inspections in known hotspots such as coastal villages. These squads should include officers from multiple departments to form an effective monitoring team.
Additionally, Noise Monitoring Committees formed under earlier court directions must actively conduct inspections of shacks, restaurants and open-air venues.
Violations involving excessive decibel levels or music played beyond 10 pm should lead to immediate complaints and FIRs.
The committees are expected to maintain detailed records of inspections and report periodically to the Superintendent of Police. A review committee must evaluate these reports monthly to assess enforcement and follow-up action.
Role of pollution control board
The Goa State Pollution Control Board (GSPCB) has been entrusted with monitoring establishments permitted to operate open-air venues or restaurants. These establishments must install online noise monitoring systems that remain functional at all times.
The GSPCB is expected to ensure compliance with permissible sound limits under the Noise Pollution Rules, 2000.
In cases of violations, the Board is empowered to suspend or revoke the establishment’s consent to operate and inform the licensing authorities for further action.
CCTV surveillance for compliance
Based on a report by the Superintendent of Police (North), the Amicus has recommended that all commercial establishments be required to:
Maintain CCTV footage backups for a minimum of 30 days.
Store footage both on hard drives and cloud platforms.
Provide power backups to ensure uninterrupted recording.
Submit weekly functionality reports to the local police station, which will be forwarded to the District Superintendent of Police.
Licensing authorities must mandate CCTV installations inside and outside establishments as a pre-condition for operating licenses. Footage should be made available to police, GSPCB and licensing authorities for any inquiries or investigations.
Regulation of EDMs and open-air events
Drawing from the State Government’s action plan for the 2023 Sunburn Festival, the Amicus suggested that similar protocols be enforced for all electronic dance music (EDM) events and open-air parties across Goa.
The action plan includes clear noise control guidelines, monitoring mechanisms and enforcement strategies.
Empowering p’yats, protecting citizens’ rights
The Amicus also proposed empowering village panchayats to register all commercial entities such as bars, restaurants and event venues – particularly those with open-air setups – and ensure they possess valid environmental clearances and noise pollution permissions.
Establishments violating these conditions should face immediate closure, with proprietors and managers held accountable.
A register of habitual offenders should be maintained by the Panchayats, Sub-Divisional Magistrates and GSPCB, and such establishments should be denied future permissions.
Importantly, the Amicus urged that EDMs and late-night open-air events should not be allowed in residential areas, emphasising that the constitutional right to a clean and peaceful environment under Article 21 overrides commercial interests.
“The right to trade cannot supersede the fundamental right of residents to live a noise-free life,” Adv Costa Frias noted.
The High Court took note of the submissions made by the Amicus Curiae and is expected to pass further directions in the matter at the next hearing on July 23.
