LAWS(BOM)-2023-12-198

RAJESH SINARY Vs. STATE OF GOA

Decided On December 15, 2023
Rajesh Sinary Appellant
V/S
STATE OF GOA Respondents

JUDGEMENT

(1.) Heard Ms Swati Kamat Wagh for the petitioner, Mr.D. Pangam, learned Advocate General with Mr.P. Arolkar, learned Additional Government Advocate for the State, Mr.Pavithran with Mr.P. Kholkar for Goa State Pollution Control Board (R-6), Mr.Nitin Sardessai, learned Senior Advocate with Mr.Nikhil Pai and Mr.S. Sardessai for respondent no.10 (R-10).

(2.) Rule. The rule is made returnable immediately at the request of and with the consent of the learned Counsel appearing for the parties. Learned Counsel for the respondents waived service.

(3.) This Public Interest Litigation challenges the permission dtd. 28/12/2022 issued to M/s. Spacebound Web Labs Pvt. Ltd. (R-10) to hold the Sunburn Music Festival from 28/12/2022 to 30/12/2022. The petition also complains about the breaches of the terms and conditions of this permission by exceeding, with impunity, the noise levels prescribed in the permission and the Rules. The main objection regarding the grant of permission relates to the breach of the notified action plan under which such permissions had to be granted and the Noise Pollution (Control and Regulation) Rules 2000. Since the permission was granted at the last minute, that is on 28/12/2022, this petition was instituted on 29/12/2022 and circulated before the learned Vacation Judge (Valmiki Sa Menezes, J.) on 30/12/2022.