PANAJI
The Bombay High Court at Goa has taken a stern view at the failure of the authorities to enforce sound levels at the Sunburn music festival describing as “most shameful” the officers of the Goa State Pollution Control Board and the Police Inspector of Anjuna for failing to ensure that sound played at the Sunburn venue was below the mandatory 55 decibels equivalent continuous level.
Hearing a petition filed by one Ramesh Sinary who alleged that music above the permitted limit was played on all the three days by the organisers despite specific directions from the High Court to stop the event if the music exceeds the levels, the High Court has now ordered the Chief Secretary to file a detailed inquiry report into the events that led to allowing the organisers go scot free.
“This Court is sorry to record that the Authorities seem to take great pride in tolerating the breaching of the Noise Pollution Rules and, more particularly, themselves breaching the repeated directions issued by this Court from time to time to enforce the Rules and Regulations concerning the control of noise pollution. At least, prima facie, this appears to be a case of deliberate inaction or the lack of will to enforce the law,” the High Court bench of Justices M S Sonak and Bharat Deshpande ruled.
The inspection report filed by the Member Secretary of the Goa State Pollution Control Board furnished the monitoring data for 28.12.2022, 29.12.2022 and 30.12.2022 (EDM event dates) gathered on one or two hourly bases.
The report, that indicated the noise levels generated by the EDM held near the main stage (inside the venue), near the main entrance along the periphery, and in the residential areas at some distance found that “on all three days, the noise levels generated by the EDM were above the 55db(A) limit set out in the permission dated 28.12.2022.”
“In fact, the noise levels exceeded 65db(A), and on most occasions, the noise levels were in the range of 70 to 90db(A). Moreover, other breaches of the permission and noise pollution Rules were also noticed besides exceeding the prescribed decibel levels,” the High Court observed.
On the morning of December 30, the High Court vacation bench had ordered that “the GSPCB, Collector, Deputy Collector, the concerned Deputy Superintendent of Police, Mapusa (SDPO) and the PI of Anjuna Police Station to maintain strict vigil at the concerned site to ensure that under no circumstances music would be played on 30.12.2022 from 3.30 pm to 10 pm at levels above 55dB(A) Leq.”
“Despite those above clear and categorical directions, the GSPCB's report now admits that the music levels, even on 30.12.2022, exceeded 55dB(A),” the High Court noted.
“In the present case, we get the impression that the anxiety of the Authorities tasked with the duty to ensure compliance with the Noise Pollution Rules, not to mention the orders made by this Court from time to time, was to ensure that this particular EDM festival proceeds unhindered, even though, the GSPCB report prima facie shows that the noise level limits were being breached with impunity. The Authorities were perhaps confident that once the event was over, there would be no further inquiries into the citizens' complaints and their own inaction,” the High Court observed.
Before the High Court, the counsel for the GSPCB told the court that the GSPCB officials informed the PI, who was present at the venue, about the noise levels exceeding the permissible limit and requested him to act.
On the other hand, based on instructions from the PI, who was present in the Court, the learned Advocate General submitted that the GSPCB officials gave no such information to the PI.
“In short, neither the four GSPCB officials nor the PI of Anjuna Police Station and the Police force with him did anything to ensure that the noise level did not exceed the 55dB(A) limit,” the High Court observed.
“The blame game between the GSPCB officials and the PI of Anjuna Police Station that unfolded before us in the open Court was, to say the least, most shameful. This was a case of two sets of public officials blaming each other for not taking any action and preventing the breaches of the Noise Pollution Rules and the orders made by this Court from time to time,” the High Court said.
“There was no remorse from either set of officials about the apparent violations of the Noise Pollution Rules or disobedience of the orders made by this Court from time to time. Even the learned Advocate General for the State of Goa, as is his right, took up for the PI of the Anjuna Police Station and submitted that unless the GSPCB officials were to inform him, the PI was not expected to take any action in the matter,” the Court observed.
“Still, neither the GSPCB officials nor the Police officials accept blame for preventing such breaches in the first place or failing to take stern action of confiscating or seizing the equipment to at least stop further noise pollution… we will be left with no alternative but to ask the Chief Secretary whether the Administration is serious about its commitment to the Rule of Law,” the High Court said.
Finally the High Court directed the Chief Secretary to file his preliminary report supported by his affidavit by January 19.
