RYAN MANUEL BRAGANZA Vs. STATE OF GOA

JUDGEMENT

(1.) Heard.

(2.) The above Public Interest Litigation, came to be filed by the Petitioners, inter alia, on the ground that they are affected by the noise pollution caused by the Respondent nos. 7 to 12 at their respective premises at the addresses mentioned in the cause title. It is their case that the said Respondents are carrying on their business of Bar and Restaurant in the premises at St. Michael Vaddo in Anjuna. It is further their case that the activities are unauthorised and that they are carrying out business from the shacks located therein which are owned by them and are illegally constructed in contravention of the CRZ Notification. It is further their case that there are late night loud music parties organised in the said premises thereby the residences in the vicinity of the said premises and the Senior Citizens and families are affected on account of the loud nerve wrecking and horrific music played unabated all throughout the night. Such parties are also being advertised from time to time by the said Respondents. It is further their case that the Petitioner nos. 2 to 17 have been persistently bringing to the notice of the authorities about the said illegalities and no action is being taken to control or stop such activities. It is further their case that Suo Motu Writ Petition was registered being 4 of 2006 which was disposed of in terms of the Minutes of the Order dated 21.03.2007 filed by the parties, whereby a committee comprising of Government Officials and citizens was formed with a view to contain noise pollution. As such, the Petitioners have filed the above Writ Petition in Public Interest essentially on the ground that Respondent nos. 1 to 6, who are the authorities, have failed to take action against the violations and thereby failed to discharge their statutory duty.

(3.) From time to time, directions were being issued in the Writ Petition and we find that the State Government has brought on record various measures to curb the menace of noise pollution as enumerated in the affidavits filed on behalf of the State Government. The records further reveal that the Goa Police Department has also taken measures to ensure that the noise pollution caused in the State of Goa is minimized as directed by the Apex Court and by this Court. Meetings of the shack owners operating in the jurisdiction of the coastal areas of the concerned Police Station are regularly held to brief such owners of the menace of noise pollution and the briefing of the existing laws. Measures are also taken by the Superintendent of Police to maintain continuous patrolling in the areas where the violations of noise pollution laws regularly are reported . There are measures also taken by the concerned authorities for continuous night patrolling by LIB, Beat Staff, Sub-division Night Duty Officers to ensure that there is no noise pollution. There are also patrolling mobile vans and motorcycles (Robot and Robin) during the night time by the concerned authorities and regular reports are called by the office of Director of Police from the office of the Superintendent of Police, North Goa, as well as South Goa, pertaining to the violation of the noise pollution. Establishments which were found to repeatedly violate the noise pollution laws are not issued NOC by the concerned SDPOs for playing music in their establishment. There is a system in place also to verify the complaints received which are immediately attended to if found genuine. The State Government has also constituted a noise pollution monitoring committee and the members therein comprise of respectable residents from the coastal areas along with enforcement authorities who are appointed in view of the Order dated 23.12.2013 passed by this Court in the above Writ Petition. Furthermore, such members form part of the surprise visits carried out by the enforcement authorities as also the member are welcome to join the enforcement authorities in patrolling the coastal areas during the night. The above steps have been enumerated in details in the affidavit dated 23.12.2013 filed by the Respondent no. 4, who is the Superintendent of Police, North Goa. The above measures are stated to be in addition to the creation of the flying squad for monitoring cases of noise pollution. Each flying squad has been constituted at Sub-divisional levels with Officers from different Departments being part of such squads to create an effective team to curb the menace of noise pollution along with dedicated helpline (four digit number and toll free). The said decisions are more particularly specified in the affidavit dated 12.09.2013 of Respondent no. 2 (Collector and District Magistrate, North Goa).