Team Herald
PANJIM: Failing to comply with directions of the High Court of Bombay at Goa to set up material recovery facilities (MRF), 13 village panchayats have been asked to stop issuing construction licences until the facility is built within eight weeks.
The Division Bench comprising Justice M S Sonak and Justice M S Jawalkar expressed ‘shock’ that the panchayats of Santa Cruz, Azossim Mandur, Sao Matias, Arambol, Nerul, Guirim, Sangolda, Moira, Aldona, Salvador do Mundo, Saligao, Nadora and Amona have till date neither set up any MRF nor is there a temporary shed available for collection and storage of waste.
“Having regard to the fact that for all this while, these panchayats have not even bothered to set up an MRF, we direct that until the MRF is actually set up in these villages, these panchayats, will not issue any licences for construction from today itself,” the order states.
The Bench explained that such an order is necessary because the Panchayats, on one hand, continue to issue construction licences and on the other hand, make no provision whatsoever for collection, storage, and treatment of waste that is invariably generated. The Director of Panchayats has been directed to ensure strict compliance with these directions as well. “If any of these panchayats, issue any construction licences before the MRFs are constructed and made functional, it will be the responsibility of the Director to take strict action against such panchayats and their office bearers. Further, the Director should point out to this Court any breach of these directions, so that this Court can consider whether such panchayat can be visited with our contempt jurisdiction,” it said.
The Court has in the past issued various legislations and rules requiring them to have such MRFs while also several orders were passed by the Court directing them to have such MRFs.
The Amicus Curiae, during the hearing, pointed out that because the panchayats have no MRFs, they take no effective steps to collect the waste. This is an entirely unsatisfactory situation.
From out of the 13 panchayats, the court said, some exceptions can be made in respect of the panchayat of Saligao since, within its jurisdiction; a garbage management plant is already established. “It is, therefore, reasonable to proceed on the basis that the waste/garbage from the jurisdiction of this panchayat is treated at this plant to the extent possible. Further, even this panchayat has stated that it has proposed a new MRF for which purpose they have also obtained NOC from the comunidade and the technical sanction for construction. The records indicate that the construction of MRF is in process,” the Bench said.
The balance 12 panchayats are however directed to set up a MRF facility as expeditiously as possible and in any case, within a maximum period of eight weeks from the date of the order on September 28.
Santa Cruz panchayat informed the Court that it will ensure MRF facility is put in place within four weeks, a statement which was accepted as an undertaking by the Court. The Panchayats Director will have to file a compliance report regarding the 12 panchayats on November 29, 2021.
