The District Magistrates of North and South Goa are totally silent on the notification published by the Director/ex- officio Jt Secretary (Env & CC) signed on 05th January, 2022 and published in the Official Gazette, Government of Goa Series No II no 42 dated 13th January, 2022 which ought to have been the bone of contention of Advocate Carlos Fereira for the Petitioner in Contempt Petition 1909/2022 in PIL 876/2022. The Supreme Court in Appeal (civil) 3735 of 2005 said “ We are not granting any exemption we are only holding constitutional validity of the Noise Rules framed by the Central Government in exercise of its statuary powers”, The GSPCB Chairman is misinterpreting the rules framed in the Notification No 7/4/98/STE/DIR-Part-IV/1071 by the Department of Environment and Climate Change ,Government of Goa Action Plan to curb Noise Pollution.
The District Magistrate or the State Pollution Control Board is the Authority and not the District Superintendent of Police to file complaint in court against the violators of section 7 of the Environment (Protection) Act,1986 provided the complainant give a notice of 60 days u/s 19(b) of EPA,1986 with evidence of proof of violation . In the matter of Misc. Civil Application No 41 of 2007 in WP No 76 of 2002 the Petitioner had to submit the Central Pollution Control Board its report pursuant to the than than Chairman by his letter dated 23.3.2007 said in his their Order and, has opined therein that the ambient noise level shall be averaged for the duration of the activity and not for the combined period of the activity and the non-activity .
The notification dated 13.1.2022 says the weighted average of noise level of the events to be taken average of 16 hours during day time and 8 hours during the night time, by this logic Mahesh Patil , Chairman , Goa State Pollution Control Board is misleading the authorities and the public at large. The classification of Morjim /Mandrem Villages. The permissions issued by the SDM states that the licensee shall not exceed more than 55 dB(A) during the period of the loud speakers/public address or for which the permission is issued. By this logic of permissions no musical instruments can be used in the open air during the day time and Indoor during the night time and if it is allowed it violates section 4 & 5 of the Noise Pollution ( Regulation & Control Rules, 2000 even before the event starts. It is because the weighted average ambient air quality standards is far above the specified 55 dB(A) mentioned in the permissions.
