Declines to stop event, directs authorities to ensure that no music is played beyond permissible level on last day
PANAJI
The Bombay High Court at Goa, on Friday morning directed that no music be played at Sunburn above 55 dB (A) Leq (equivalent continuous sound level) at any time between 3:30 pm and 10 pm at the Sunburn music festival and that no live monitoring equipment was set up outside the venue of the festival without which, the festival won’t be allowed to proceed.
After the Pollution Control Board informed the Court that music louder than 55 dB(A) Leq was played at the venue over the last two days, the HC directed that the organisers be prosecuted under relevant provisions of the Environment Act.
The directions were issued by the High Court on the morning of the last day of the festival based on a petition by one Ramesh Sinary who alleged that at the event “Electronic Dance Music (EDM) is played continuously in open air, within a residential area at a decibel level higher than 55 dB(A) Leq, which is in violation of the provisions of the Environment (Protection) Act and the Air Act, making the organisers liable for prosecution under the penal provisions of these Acts.”
The High Court, while declining to stop the event as sought by the petitioner, ordered that the Goa State Pollution Control Board, the Collector and the concerned Deputy Collector, the concerned Deputy Superintendent (of Police), Mapusa, who is the Sub-Divisional Officer in charge of the taluka along with the PI Anjuna Police Station maintain strict vigil at the concerned site to ensure that under no circumstances would music be played on 30.12.2022 from 3.30 pm to 10.00 pm at levels above 55 dB(A) Leq.”
“There shall be no music played after 10 pm. The Goa State Pollution Control Board shall ensure that its decibel metre devices to record the ambient noise level at the site shall collect data on real time basis from 3.30 pm to beyond 10 pm. Such data shall be downloaded and be printed and placed before this Court along with its affidavit on 03.01.2023,” the High Court bench of Justice Valmiki Sa Menezes, said.
“The Pollution Control Board and the concerned PI/Deputy SP are hereby directed to ensure the enforcement of these provisions and see that the organiser provides a display board in terms of sub-clause (f ) of clause 7 of the said Action Plan at the site, prior to the commencement of the event at 3.30 pm today and in the event of such noise online level monitoring system not being provided at the site, which equipment shall be directly connected to the server of the Pollution Control Board, they shall ensure that the event would not take place and the venue would be shut down,” the High Court had also said.
The Pollution Control Board had told the court that it has been collecting data of the noise levels at the site since 28.12.2022 and that, from its data, the noise levels have crossed the threshold of 55dB(A)Leq at various points of time. The Pollution Control Board had stopped the event when such an incident took place.
“This being the case, there is clearly a violation of the provisions of Section 15 of the Environment (Protection) Act and Sections 39 and 40 of the Air Act. Accordingly, there would be a case made out for an investigation based upon this data, for collection of all the necessary material which would form the basis for prosecution of the (Sunburn organisers) and its Directors/ Officers who are responsible for the event,” the High Court ruled.
“Under these circumstances, I direct the Member Secretary of the Board, on the basis of material collected till date, and in the event of any further infraction of the above provisions is noted on the basis of the material collected from the event site between 3.30 pm and 10 pm or thereafter today, to institute/commence the process of prosecution of the concerned persons in charge in terms of provisions of Section 15 of the Environment (Protection) Act and Section 39 of the Air Act,” the High Court also ruled.
“The concerned PI of the Anjuna Police Station and the SDPO, Mapusa shall render all assistance as may be required for the effective prosecution of the persons directly in charge of and responsible for the event and the commission of the offences. Necessary chargesheet in terms of the provisions of these Acts shall be filed before the concerned Magistrate in terms of law,” the HC also said.
