Most p’yats fail on waste management facilities

Team Herald

PANJIM: The State government has informed the High Court of Bombay at Goa that 134 village panchayats have not set up Material Recovery Facility (MRF) and composting facilities.

Hearing multiple petitions on waste management, the high court bench comprising Justice M S Sonak and Justice Bharati Dangre appointed a committee headed by Managing Director of Goa Waste Management Corporation to look into the issue of compliances of setting up of MRF and composting facilities.

The affidavits/report filed before the bench indicate that there are about 57 panchayats that have complied with and about 134 panchayats that have not complied with the directions for setting up MRF and composting facilities. The affidavits also indicate that Goa State Pollution Control Board has imposed a meagre fine of Rs 5,000 on the non-compliant panchayats. Further, only about 93 panchayats have paid this fine amount and the balance panchayats have applied for waiver.

The high court stated that the committee should submit its preliminary report before the bench on or before March 9, 2021. “It is expected that the committee verifies whether the MRF and composting facilities have been actually set up by the village panchayats who claim that they have set up these facilities or in any case the status of the construction,” the order states.

The matter will be taken up on March 16, 2021 after the copy of the report is furnished to the amicus curiae latest by March 9, 2021.

The court pulled up the panchayats for non-compliance opining that sarpanchas should pay the fine for non-compliance. 

“This is a case where the panchayats have failed to perform their statutory duties as also the directions

 issued by this Court. Therefore, we cannot imagine the ground on which such waivers are applied for. According to us, such fine amount in fact required to be paid by the sarpanchas of these panchayats because, ultimately, they are responsible for compliance with the statutory duties as also the Court orders. If ultimately, it is found that the sarpanchas were not personally responsible, leave can always be granted to the sarpanchas to recover such fine amount from the panchayat funds,” it said.

In so far as municipal councils/corporations are concerned, amicus curiae Norma Alvares pointed out that out of 14 municipal councils/corporations only three have complied with and 11 have not complied with the directions for setting up MRF and composting facilities. From the details furnished before the court, the fine amount of Rs 10,000 imposed upon them have not been paid as yet.

Accordingly, the division bench has directed the chairperson/president to pay the fine amount personally in the first instance. If ultimately, it is found that they were not personally responsible, suitable orders can be passed for permitting to recover this amount from the municipal revenue. 

Further, the high court directed the Director of Municipal Administration to look into the issue of compliances with all seriousness forthwith. The Director has also been asked to hold meetings with the chairperson/president/chief officer of the non compliant municipal councils in order to ensure compliances. 

The Director is directed to file the interim report on March 9, 2021.