“Whatever you do, do it within the law and there will be no problem. You all are in the habit of not following the law,” Justice M S Sonak said to Nikhil Pai, advocate representing the organisers of Sunburn whilst disposing of Writ Petition 2992/2023 as Sunburn had started the EDM festival without paying the dues.
“The record does bear out that when the petitioner (Roysal D’Souza) filed this petition, the 6th respondent (organisers of Sunburn) had not paid any amount. However, Mr Pai on behalf of respondent no 6 submitted that there was no clear demand from the Comunidade and in any case, the 6th respondent had tendered cheques on 27/12/2023. He pointed out that the authorities required the 6th respondent to pay by demand draft instead of cheques and therefore, such demand drafts were tendered to the administrator of comunidade today (29-12-2023) at 10.30 am,” reads the judgment pronounced after a brief telling interaction between all concerned.
The Comunidade should be more vigilant to get the money dues as they have been elected. The functioning of Comunidade needs to be checked
High Court
“Is anyone appearing for the Comunidade?” asked Justice Sonak and adding, “I do not know how they behave like this,” after Advocate General Devidas Pangam brought it to the notice of the bench that the Comunidade had not asked the organiser that the amount be paid in writing.
“The Comunidade should be more vigilant to get the money dues as they have been elected. The functioning of Comunidade needs to be checked,” observed Justice Sonak. “From the petition it appears that the Comunidade was not much interested in recovering the amount,” he cautioned.
During the proceedings it was brought to the attention of the bench that Rs 2,43,14,607 has been deposited through demand draft towards occupation charges payable to the Comunidade; Rs 48,62,921 to the administrator as ‘derrama’ and an amount of Rs 24,31,460 to Director of Civil Administration and Rs 12,15,732 towards 15 per cent security deposit.
“You cannot create an impression that you can get away doing anything,” concluded Justice Sonak as he wished all a happy New Year.
A participant of the Comunidade AGM said, “The cheques were not accepted because at the AGM, it was clearly decided to take payments only through demand drafts as the organisers can no more be trusted.”
“It is strange that the executive committee failed to ask the organisers in writing for the fees. Members have always had doubts about the role played by the committee and those doubts are in a way justified,” stated a gauncar of Anjuna Comunidade.
“We have no problem giving our land to Sunburn or any organisers if our dues are paid on time. We are demanding what is ours and by trying to avoid paying what is ours legally and trying to go the under way, they are making problems for themselves because we have the law with us,” stated Anjuna gauncar Michael Mendonca after the verdict.
We have no problem giving our land to Sunburn or any organisers if our dues are paid on time. We are demanding what is ours and by trying to avoid paying what is ours legally and trying to go the under way, they are making problems for themselves because we have the law with us
Michael Mendonca, Anjuna gauncar
Justice Sonak also inquired whether noise pollution strictures were being adapted during the show yesterday and was informed by Pangam that music was stopped for breaching noise levels. “Music from one of the five stages was stopped,” added Pangam when Justice Sonak inquired whether the festival music was stopped.
