Goa

Dy Collector, Pollution Board were “in a great hurry” to permit Sunburn in 2022: High Court

Permissions were applied on Dec 27, 2022, for the festival starting on Dec 28, ‘Departments were bypassed’

Herald Team

VAGATOR: The actions of the Goa State Pollution Board regarding their apparent cozy relationship with Sunburn is a constant burning topic that seems to get camouflaged.

And these are not comments from local stakeholders or those opposing the project. The High Court has felt and stated this. 

The High Court in a judgment has stated that the Goa Pollution Control Board by passing other departments, ‘directly entertained’ Sunburn’s application and passed it in a day.

A judgment of PIL WP No. 15 of 2023 states this: “The GSPCB directly entertained the application from (the organisers of Sunburn Festival (R-10)) even before the same could be forwarded by the Deputy Collector, Sub Divisional Magistrate (SDM) after making an assessment. 

From the material placed on record, it appears that all the authorities, like the SDM and the GSPCB, were in a great hurry to issue the organisers permission to commence the festival between 28th and 30th December 2022 when the organisers applied for the permission only on 27.12.2022. Some of the departments were bypassed.”

The PIL filed by Rajesh Sinary against Spacebound We labs Pvt Ltd (Sunburn organiser then), the Director of Tourism, Collector and District Magistrate, Deputy Collector North, Anjuna Police, the Pollution Control Board and the Coastal Zone Management Authority.

There have been violations of orders about sound pollution and waste management too and the specific condition they were legally bound to follow. “The organisers shall maintain all norms observance to w.r.t noise pollution (Regulation Control) Rules 2000 and Solid Waste Management Rule 2016.”

“On January 17 of this year we wrote a letter to the administrator of North Goa Comunidade, GSPCB & Goa Biodiversity Board asking them to retain the Security Deposit given by the organisers of Sunburn Festival as they had violated usage of the comunidade property by burning toxic garbage at several places at the venue,” discloses Mendonca, who was one of the signatories of the letter. “I was shocked when the administrator of comunidades informed me on Friday that the deposit was returned to them despite us having provided photographic evidence,” scorns Mendonza.

“I released the money because when I wrote to the secretary of Anjuna Comunidade asking whether the security deposit should be released, I was intimated in writing that I could. Hence, I released it,” stated Sagar Gaude, Administrator of North Goa Comunidades.

“I do not know. I must check the records to comment,” stated GSPCB Member Secretary Shamila Monteiro.

“If the people do not want it because it is detrimental to society’s development, it should not be forced on us. Earning cannot be at the cost of peoples wellbeing. But, who listens to us, is the issue,” opined Tome Carvalho, gauncar of Cortalim Comunidade.

“As a gauncar of Anjuna Comunidade I am happy and sad. Happy because at least now the rest of Goa is getting to know how these guys were trying to chew us with the backing of the government and sad because it needed their decision to go to the south for such a realisation to occur,” submitted Anjuna gauncar Roysal D’Souza.

Benaulim, Ambelim, Velsao-Pale say no to Sunburn 

MARGAO/VASCO: The panchayats of Cana-Benaulim, Ambelim and Velsao-Pale-Issorcim  on Sunday unanimously  voiced their opposition to the hosting of the proposed Sunburn Electronic Dance Music (EDM) festival  in South Goa. 

The villagers of Cana-Benaulim and Ambelim said that they are ready to take to the streets in protest.

On Sunday, Benaulim locals claimed that the proposed Sunburn festival is closely associated with drug-related activities.

At the Ambelim gram sabha, the villagers said that the past history and data of the organisers are very concerning and problematic, marked by controversies.

The Velsao-Pale-Issorcim gram sabha on Sunday passed a resolution opposing the Sunburn electronic dance music (EDM) festival in South Goa.

They voiced their concerns over the potential disruptions and cultural impact the EDM festival event might have on the community.

NGT judgment on all permissions to be uploaded on website 15 days prior, violated

The Gauncars of Anjuna have alleged that the organisers of Sunburn have violated a NGT judgment directing that all permissions sought from authorities should be received and posted on the website not later than 15 days before the commencement of the event.

The judgment was on Application No. 122 of 2014 of the National Green Tribunal (NGT) on February 13, 2018.

Part of it reads: “Whenever any such events/festivals are oragnised, the organiser shall ensure that permissions so granted to that effect are widely published and posted on the website at least fifteen days in advance.”

“For them (organisers of Sunburn) this order seems to be toilet paper. Since the time, the order has been passed, nothing has been posted on their website because most of the times, they have waited for the last minute to apply and get permission,” says Anjuna gauncar Michael Mendonca.

What did Sunburn violate, according to Anjuna Gauncars?

This NGT Judgment: February 13, 2018 in APPLICATION No. 122 of 2014: “Whenever any such events/festivals are organised, the organiser shall ensure that permissions so granted to that effect, are widely published and posted on their website at least fifteen days in advance.”

What did the petitioner pray for: Desmond D’Souza and Jayprakas Sirsaikar approached the NGT (W Zone) Bench, Pune seeking permanent injunction, restraining hosting of ‘Sun-Burn’ celebration or any such event(s) and conducting, performing any musical show/events of any nature erecting/constructing any structure of whatsoever nature in the property bearing survey no. 206/1 of village Anjuna… and seeking compensation of Rs 1 crore from respondent authorities, corporate bodies and private individuals, arranging such events, and restoration of the property to its original position.

What did the HC say about the pollution Board acting cozy with Sunburn
From the material placed on record, it appears that all the authorities, like the SDM and the GSPCB, were in a great hurry to issue the organisers permission to commence the festival between 28th and 30th December 2022 when the organisers applied for the permission only on 27.12.2022. Some of the departments were bypassed.”

What did the petitioner pray for in PIL Writ petition No. 15 of 2023
The PIL challenges the permission dated 28.12.2022 issued to Spacebound Web labs Pvt Ltd to hold Sunburn and complains about the breaches of 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.
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