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The Bench denied to accept the defence that no loudspeaker was used, and the guests in the resort were playing music through “Alexa”. And noted that if such defences are to be upheld, it will be difficult for the authorities to enforce noise pollution rules.
A division bench comprising Justice M.S Sonak and Justice R.N Laddha of the Bombay High Court, Goa Bench, dismissed a writ petition, after imposing a cost of Rs. 10000 on the petitioner, Villa Calangute Resort Pvt. Ltd represented by its director, Dexter Savio De Souza.
The petitioner had moved the Bombay High Court, praying that the necessary directions should be issued to the government authorities to decide the petitioner’s application dated 01.08.22 and 05.08.2022 under Rule 2(c) of the Noise Pollution and Regulation Control Rules, 2000. Further, the plea also stated that the show cause notices issued by the respondent should be set aside.
It was argued that the show cause notice so issued was vague since it did not mention the decibels level and violation of Noise Pollution And Regulation Control Rules, 2000 and the provisions of Section 15 of Environment Protection Act, 1986. He further argued that allegations against the petitioner are false and that the petitioner had already replied to the show cause notice stating that no loudspeakers were used by the petitioner and that the loud music was played by the guests on Alexa. Further, the application made under Rule 2(c) of the Noise Pollution and Regulation Control Rules, 2000 has not been decided by the authorities.
The High Court while dismissing the petition stated that the allegations mentioned in the show cause notice will have to be decided by the authorities only. And that it had specific dates mentioned. Therefore, unless the petitioner shows that permission was granted to play music at such hours the notices cannot be said to be vague or bereft of any particular.
The High Court also noted that the petitioner cannot put the blame on the guest and especially on Alexa because if such defences are upheld, it will be difficult for authorities to enforce noise pollution rules. Further, the court noted that, there are Supreme Court, and Bombay High Court’s decision with regard to curbing noise pollution, and that such frivolous defences cannot be upheld. Therefore, the show cause notice cannot be set aside.
The court directed the respondents to dispose of the show cause notice and then decide the application of petitioner under the Rule 2(c) of the Noise Pollution and Regulation Control Rules, 2000.
CASE TITLE: Villa Calangute Resort Pvt. Ltd. vs. State of Goa
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