AUGUSTO RODRIGUES
PORVORIM: The Goa State Pollution Board (GSPCB) was called out severely by the High Court, who asked them “ If you had issued show cause notices, why have FIR’s not been registered? How will the police be able to start investigations if no FIRs are filed?
The High Court has been waiting for weeks – in the Contempt Petition 12 of 2023 – for the GSPCB to ensure that the five units picked need to install noise monitoring units, and have the equipment in place.
The sharp retort on why FIRs were not filed came when GSPCB counsel Salkar told the court, “We have issued notices to units that are exceeding the sound limits.”
“What is the problem of sharing real-time data with the police?” asked Justice Menezes whilst reiterating that people cannot be at the receiving end when a law exists to safeguard their right.
“The purpose of going through this exercise is to help the people. Our concern is the people and hence the urgency in filing FIRs,” insisted Justice Menezes.
Amicus Curiae Nigel Costa Frias brought to the notice of the bench that two units – Hill Top and Salud- supposed to be impleaded in September 2024, were yet to be.
“We do not know the address of Hill Top,” stated GSPCB counsel Salkar to which Justice Menezes asked, “how is it that you have given them the consent to operate without an address? GSPCB should be more scientific than anyone else,” stressed Justice Menezes.
“Why are you all keeping everything this grey all the time? It is time; there should be transparency in what you all are doing. Hill Top is a land mark place for more than a decade and you are saying you do not know where the place is?” asked Justice Menezes.
“How many complaints were received against Salud and Hill Top,” asked Justice Menezes to which counsel for the State Prashil Arolkar replied, “seven complaints against Salud and none against Hill Top.”
At this stage, petitioner Desmond Alvares intervened and informed the court that complaints against Hill Top have been filed and promised to present the evidence. “Unless there is proof of complaints filed by you, the court will not be able to entertain what you say,” asserted Justice Menezes.
“You should meet the Amicus Curiae in case you need assistance. He has also been appointed to help you out. Deliberate with him and he will guide you,” Justice Menezes assured petitioner Alvares.
“Out of the five places asked to install live monitoring systems, four have done,” GSPCB counsel Salkar told the court.
“We have installed at our gate but have noticed that when vehicles pass by, the readings go up and brought this to the notice of GSPCB,” counsel of one of the five units told the court.
“You are making the matter so technical by talking about the noise from the road. That is not the purpose of this exercise. We are here to see that people can go to sleep, study and live in peace. This is not happening because they are exceeding noise limits,” said Justice Menezes.
“We have reached a stage where live noise monitoring systems should have been in place and functional by now and its effects are felt by the locals. Ensure that no more time is wasted,” directed Justice Menezes while impleading Hill Top and Salud and asking the GSPCB counsel to intimate the local police of the same.