Cannot Pass On Blame To 'Alexa': Bombay HC Imposes ₹10k Costs On Goa Resort Taking Defence Of 'Alexa' For Loud Music
|The Bombay High Court at Goa has imposed costs to the tune of ₹10000 on Villa Calangute Resort Pvt. Ltd that took the defence of "Alexa" after it had received show cause notice for allegedly playing loud music at the venue/place, i.e. Villa Calangute Resort.
The Bench of Justice R. N. Laddha and Justice M. S. Sonak observed, "The issue as to whether the allegations in the show-cause notices are true or false, will have to be decided by the Authority that has issued the show-cause notices based on the material before it. However, on the petitioner's unilateral contention that the allegations are false, the show-cause notices cannot be set aside as being without jurisdiction."
Advocate Jayant J. Mulgaonkar appearing on behalf of the Petitioner-Resort had submitted that the allegations in the show-cause notices were vague as no particulars of violation were specified.
He further stated that the allegations in the show-cause notices are false and that the petitioner has already filed a reply stating that no loudspeaker was used and the guests in the resort were playing the music through "Alexa".
Additional Government Advocate Shubham Priolkar and Advocate General Devidas J. Pangam, appeared for the Respondent-State.
The Bench expressed that the show-cause notices cannot be said to be vague or bereft of any particulars unless the petitioner places on record any permissions authorizing it to play music at these hours.
The Court also emphasized that the petitioner cannot pass on the blame to its guests and even more, to Alexa.
"There are decisions of the Hon'ble Supreme Court as well as this Court on the issue of enforcement of the Noise Pollution Rules of 2000. The implementation of such rules cannot be frustrated by raising such prima facie frivolous defences.", the Court held.
"Though, the petitioner's applications are pending since 01.08.2022, we think that the Authorities must first dispose of the show-cause notices and other complaints against the petitioner.", the Court held while imposing costs.
Cause Title- Villa Calangute Resort Pvt. Ltd. v State of Goa and 6 Ors.
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