Lourdes D'Cunha v. State of Goa, through its Chief Secretary
2016-09-15
F.M.REIS, NUTAN D.SARDESSAI
body2016
DigiLaw.ai
JUDGMENT : F.M. REIS, J. 1. Heard Shri Nigel Costa Frias, learned Advocate for the petitioners, Shri S.D. Lotlikar, learned Advocate General for the respondent nos.1, 3 and 4, Ms. P. Bhandari, learned Advocate for the respondent no.2, Shri S. Redkar, learned Advocate for the respondent no. 7 and Shri P. Sawant, learned Advocate for the respondent no. 5. 2. Rule. 3. Heard forthwith with the consent of the learned Counsel appearing for the respective parties. 4. The learned Counsel appearing for the respective respondents waive service. 5. The grievance of the petitioner is essentially that the Pollution Control Board and Health Officer are not taking actions with regard to a piggery established by the respondent no.6 in their property surveyed under Nos. 22/7 and 23/1 of village Duncolim. 6. The Member Secretary of the respondent no. 2 has filed an affidavit inter-alia stating at paragraph 6 that an inspection was carried out on 18.7.2016 and directions have been issued to the respondent nos. 6 and 7 under Section 33(A) of the Water Prevention and Control of Pollution Act, 1974 which directions reads thus:- “a. Segregate the existing waste dumps from the premises and bale the non-biodegradable waste in a scientific manner and maintain hygienic condition in the premise in order to avoid public nuisance and compost the bio-degradable waste. b. Dispose the stored non biodegradable dry waste through an authorized recycler and the non biodegradable dry waste to Solid Waste Management Cell of Department of Science and Technology and submit the manifest copies for the same to the Board. c. To establish a bio-gas plant for treatment and disposal of animal waste. d. Submit an action plan for above to this office within 15 days from the date of receipt of this direction.” 7. The Health Officer had also issued a notice to the respondent nos. 6 and 7 inter-alia calling upon the said respondents to take remedial measures with regard to such activities been carried out in their property. The learned Advocate General has also brought to our notice a report prepared by the Health Officer pursuant to an inspection carried out on 14.9.2016. The notice as well as the inspection report are taken on record and marked “X” colly. Considering the actions has been taken by the concerned authorities, we find that the grievance of the petitioner stands redressed. 8. Needless to say that the respondent no.
The notice as well as the inspection report are taken on record and marked “X” colly. Considering the actions has been taken by the concerned authorities, we find that the grievance of the petitioner stands redressed. 8. Needless to say that the respondent no. 2 as well as respondent no.3 to ensure that the directions issued pursuant to the said inspection as reflected in para 6 of the affidavit referred to herein above are complied with in accordance with law. 9. With the above directions, Rule stands disposed off accordingly.