What happens when the Panchayat fails to listen to people's complaints?

PANJIM: What happens when the Panchayat fails to listen to people's complaints? They have to shell out Rs 10,000 as compensation.

The Division bench of Justice RS Mohite and Justice NA Britto has asked Candolim Panchayat to pay compensation of Rs 5000 each to the petitioner Dr Jairam Karmalkar and amicus curiae Norma Alvares.

Karmalkar had written to the Court of December 5, 2006 regarding violation of Noise Pollution (Regulation and Control) Rules 2000 and the CRZ notification by Vanilla Lounge Bar, which is operational since January 2005. The letter, later converted into a PIL, stated that the lounge bar openly flaunts deafening amplified sound of music, bursting of firecrackers and the vehicles moving to this location blare their vehicular horns throughout the night due to which they are unable to sleep. They also stated that despite their repeated complaints and protests no action was taken.

While disposing off the PIL, the Court has asked the Panchayat to issue a show cause notice within 10 days to Vanilla Lounge and take a final action within 60 days. The permission from the Panchayat to construct a temporary structure expired on May 31, 2007.

Meanwhile, the owners of Vanila Lounge Bar has filed a petition yesterday challenging the Goa Coastal Zone Management Authority's demolition order of June 11, 2007 directing Vanila Lounge to demolish the structure. They have also challenged the validity of the notification dated February 19, 1991 of the Ministry of Environment and Forests, as the same purports to apply to non-industrial premises or structures.

Stating that the Vanila Lounge is a temporary structure, the petition submitted that no permission under Environment (Protection) Act or Rules or Notifications issued there under, is necessary or required for erecting temporary structures in CRZ since temporary structures have temporary periods and they are removable after the expiry of the periods.

(an earlier version appeared in Gomantak Times, Panaji edition, Goa)