the goan I network
MARGAO
The South Goa district Court on Friday passed an order stating that without prejudice to the contentions raised by Fomento in its application, Fomento shall continue to operate the Solid waste treatment plant at Sonsodo till August 31.
The district Court has further stated that both the Margao Municipal Council and Fomento shall attempt to settle the matter prior to August 31, failing which the matter shall be heard on merits on August 31.
The Court passed the order on Friday after Fomento had moved the district Court seeking directions to the MMC not to dispossess the company unless the civic body makes the termination payment amounting to Rs 14.06 crore and a direction to the MMC not to deliver any garbage to the plant after August 9.
At the last date of hearing, the district court had passed an interim order directing the MMC not to dispossess Fomento from the plant and allied facilities until payment of the termination payment.
During hearing of Fomento’s application on Friday, district Judge, BP Deshpande questioned the MMC lawyer what action the civic body had initiated during the 60-day termination notice served by Fomento, saying nothing seemed to have been done by the civic body during the notice period. The judge made the observation when the MMC lawyer contended that any move to stop the MMC from sending waste to the Sonsodo plant may create chaos in the city.
Judge Deshpande expressed his concern over the situation, making it clear to the municipal lawyer that
things cannot be allowed to
go beyond control. “The public at large cannot be put to inconvenience. Last time, people staying around Sonsodo had to be evacuated. Things cannot be allowed to go beyond control,” Judge Deshpande remarked,.
When the municipal counsel drew the attention of the court that the municipality should be granted at least 15 days time to work out a solution to the Sonsodo issue, given that it takes time to call a meeting of the council, judge Deshpande reminded there are provisions in the Municipal Act, empowering the council to call for extra-ordinary meetings within 24 hours.
It was on January 19 last that Fomento had issued a preliminary notice of termination to MMC since MMC had failed to fulfill its obligations under the Concession Agreement dated February 1, 2011 and the issues could not be resolved through the Disputes Redressal Committee headed by Retd District Judge Pramod Kamat.
On June 10 last, Fomento issued a final notice of termination to the MMC, giving the civic body 60 days notice after which the concession agreement would stand terminated on August 9.
The termination notice had also called upon MMC to pay the termination payment as mandated in the concession agreement upon payment of which possession of the plant would be handed to the MMC as provided in the concession agreement.
