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Judgment
On this Application, we called for a report from the Village Panchayat of Anjuna. That report was called for after the Sarpanch and the Secretary of the Panchayat were directed to remain present, with the record. There was a complaint that the direction of this Court to install a composting unit has not been complied with by the Panchayat. Therefore, before the request of the Applicant in Miscellaneous Civil Application No. 183/2011 is considered, we insisted on a report being filed on affidavit by the Panchayat. Accordingly, learned Counsel Mr. Sardessai appearing on behalf of the Village Panchayat, Anjuna has filed an affidavit of the Sarpanch and after indicating the steps taken for putting up the composting facility, ultimately, it is stated in para 6 of the affidavit that Respondent No. 25 will ensure construction of the composting unit and that would be completed within a period of ten days from today.
While taking this affidavit on record, we accept the statement made in para 6 of the affidavit as an undertaking to this Court. We direct that construction of the composting unit should be completed and it must be made functional within this period.
The Applicant has made this Application (Miscellaneous Civil Application No. 183/2011), for direction to the Village Panchayat, Anjuna to consider the Application dated 30-12-2008 for construction of buildings/project on Survey Nos. 11/14-B and F of village Anjuna in Bardez Taluka in terms of the plans submitted and approvals obtained from the concerned Authorities and to issue a construction licence to the Applicant.
The Applicant states that, it is constrained to make this Application because when it applied for construction licence, the Panchayat informed it that even if the other permissions are granted, in the light of the Order passed by this Court, the Panchayat cannot grant the Applicant''s request. Reliance is placed on the Resolution passed at the monthly meeting of the Village Panchayat dated 17-12-2010. This Resolution is passed in view of the Order dated 11th August, 2010. In the Suo Motu Writ Petition No. 2/2007, this Court has directed the Panchayat not to issue licence/permission for construction of new buildings/structures without seeking prior permission of this Court. It is stated that this Court has issued directions to all the Coastal Village Panchayats to make arrangements for composting of biodegradable waste and six weeks time was given to the Panchayats to locate the places and commence composting at the sites.
Since these directions were not complied with, further orders were passed directing the Village Panchayats not to issue Occupancy Certificates to commercial projects already constructed till they have their own disposal facility, which also included the Anjuna Village Panchayat.
Therefore, the Applicant has moved the present Application and has stated that necessary permission and N.O.C.s from all Authorities have been granted. The Applicant has given an undertaking in para 16 to construct and set up composting unit/station for composting of the biodegradable waste and such composting unit/station would be constructed prior to applying for the Occupancy Certificate. The detailed plan is also annexed to the present Application.
The Application was placed before this Court from time to time, while ensuring that the Applicant would set up the composting unit/station for its own unit, the Panchayat must also fulfill its duty in law and comply with the directions of this Court and that is why this Court has called for the affidavit.
After perusing the relevant material including the affidavit of the Goa State Pollution Control Board, which indicates that the Panchayat has not set up the composting unit, although it approved the site on 18-01-2011, we are of the view that the request of the Applicant can be granted but on the same terms as that of the Village Panchayat. In other words, the Applicant should install and set up composting facility as undertaken. That direction is issued in addition to putting up of the composting unit by the Panchayat, within a period of ten days from today.
The Applicant should install such facility prior to applying for the Occupancy Certificate and the Occupancy Certificate will be issued by the Panchayat only if such facility is set up and made functional by the Applicant. However, to enable the Applicant to complete the project we permit the Respondent-Panchayat to consider his Application for grant of construction licence and the same should be considered within 15 days from today. Miscellaneous Civil Application No. 183/2011 is allowed in the above terms. In the peculiar facts of the case, there will be no order as to costs.
Miscellaneous Civil Application No. 337/2011 by the Village Panchayat, Anjuna does not survive in the light of this Order and is disposed off.