Colva Civic and Consumer Forum v. State of Goa Through its Chief Secretary, The Secretariat
2012-09-13
A.P.LAVANDE, U.V.BAKRE
body2012
DigiLaw.ai
Judgment (A.P. Lavande, J.) Heard Mr. Costa Frias, learned Counsel for the petitioners, Mrs. Alvares, learned Amius Curiae, Mr. Salkar, learned Government Advocate for respondents no.1 and 3, Mr. Teles, learned Advocate for respondent no.2 and Mr. Lawande, learned Advocate for respondent no.4. 2. By this petition, the petitioners seek the following reliefs: (a) For a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction thereby commanding the respondent no.2 to immediately arrange for and set up a garbage dumping/ Sanitary Landfill and Solid Waste Management site for the villages of Colva, Vanelim, Sernabatim and Gandaulim in accordance with the provisions of the Goa Non-Biodegradable Garbage (Control) Act, 1996 and the Goa Non-Biodegradable Garbage (Control) Rules, 1997. (b) For a writ of mandamus or a writ in the nature of Mandamus or any other appropriate writ, order or direction thereby commanding the respondent no.2 to immediately commence the process for constituting the ward development committees as per the Goa Panchayat (Constitution, powers and functions of ward development committees and preparation of annual development plan) Rules, 2008. (c) For a writ of mandamus or a writ in the nature of Mandamus or any other appropriate writ, order or direction thereby commanding the respondent no.2 to immediately commence the process for constituting the garbage waste management committee in compliance with rule 4 of the Goa Non-Biodegradable Garbage (Control) Rules, 1997. 3. Insofar as relief (a) is concerned, respondent no.2 is also a party in Suo Motu Writ Petition No.2/2007 and we have extensively heard learned Amicus Curiae and learned Counsel for respondent no.2 herein in the said Suo Motu Writ Petition and as such, we deem it appropriate to deal with prayer (a) in Suo Motu Writ Petition No.2/2007. 4. Insofar as relief (b) is concerned, Mr. Costa Frias, learned Counsel for the petitioners has invited our attention to Rule 6 of The Goa Panchayat (Constitution, Powers and Functions of Ward Development Committees and Preparation of Annual Development Plan) Rules, 2008 ('the Rules of 2008') which mandate the Gramsabha to constitute two or more developments committees in every Panchayat for different sectors of development. Affidavit filed on behalf of respondent no.2 discloses that no steps have been taken by respondent no.2 to comply with Rule 6 of the Rules of 2008. 5. Insofar as relief (c) is concerned, Mr.
Affidavit filed on behalf of respondent no.2 discloses that no steps have been taken by respondent no.2 to comply with Rule 6 of the Rules of 2008. 5. Insofar as relief (c) is concerned, Mr. Costa Frias invited our attention to the Goa Non-Biodegradable Garbage (Control) Act, 1996 and the Rules framed thereunder. Rule 4 of the Goa Non-Biodegradable Garbage (Control) Rules, 1997 requires every local authority to constitute a Garbage/ Waste Management Committee. The Constitution of the committee has to be in terms of Rule 4(1). Its functions are enumerated in sub-rule (2) of Rule 4. Affidavit filed on behalf of respondent no.2 discloses that no Garbage / Waste Management Committee has been constituted by respondent no.2. 6. In view of the above, we direct respondent no.2 to constitute Ward Development Committee in terms of Rule 6 of the Rules of 2008 within a period of three months and report compliance to this Court, within a period of two weeks thereafter. We further direct respondent no.2 to constitute Garbage/Waste Management Committee in compliance of Rule 4 of the Goa Non-Biodegradable Garbage (Control) Rules, 1997 also within a period of three months and report compliance, within a period of two weeks thereafter. 7. As stated above, as far as relief (a) is concerned, the same shall be dealt with in Suo Motu Writ Petition No.2/2007. 8. Rule is made absolute in aforesaid terms. No order as to costs.