Don't blame it on Alexa: Bombay High Court imposes costs on resort for loud music at midnight

The Bombay High Court at Goa recently imposed costs of ₹10,000 on a resort which claimed that Amazon's virtual assistant Alexa played loud music in violation of the Noise Pollution Rules, 2002. [Villa Calangute Resort Pvt Ltd v. State of Goa].A Division Bench of Justices Mahesh Sonak and RN Laddha said,"The defence about 'Alexa' playing the music or the guest in the resort playing the music is a novel defence and we are sure that the same will be dealt with by the Authority which has issued the showcause notice (to the resort). But, atleast, prima facie, we feel that the petitioner cannot pass on the blame on its guests and even more, to Alexa. If, such defences are to be upheld, then, it will be very difficult for the Authorities to enforce the noise pollution rules," the judges observed..The Bench further pointed out that the implementation of the Noise Pollution Rules cannot be frustrated by raising such prima facie frivolous defences..The Court was hearing a plea filed by a resort situated in North Goa challenging show cause notices issued against it by the authorities for playing loud music late into night. The resort claimed that the show cause notices did not mention the decibel levels of noise, which allegedly went beyond the permissible limit.The Bench noted that the authorities received several complaints against the resort for breaching the Noise Pollution Rules and often playing loud music at midnight. It said that the contention made by the resort would be decided by the authorities when they take up the show cause notices for hearing. The Court added that the said notices cannot be set aside for want of jurisdiction at this stage..The Bench noted that the show cause notices pointed out two instances - one in May 2022 and the other in June 2022 - when loud music was being played in the resort at midnight hours."Unless the petitioner places on record any permissions authorising it to play music at these hours, it cannot be said that the show-cause notices are vague or bereft of any particulars. As it is, monitoring issues of noise pollution is quite difficult. There is record about several complaints against the petitioner," the bench opined.Therefore, the judges said that the petition seems to be misconceived and dismissed it with costs of ₹10,000..Advocates Jayant Mulgaonkar and Rupa Banaulikar appeared for the resort.Advocate General Devidas Pangam, along with Additional Government Pleader Shubham Priolkar represented the State..[Read order]