PANAJI
Hearing a bunch of petitions including a contempt petition filed by campaigner Aires Rodrigues, the court noticed that several of its previous orders have been blatantly violated, especially village panchayats, failing to identify areas within their jurisdiction to deal with waste.
"Though the problems and shortfalls which have been highlighted may apply to the other local bodies as well, we take the issue of the Merces panchayat as a starting point... On the last occasion when we had passed certain directions (against Merces panchayat) it was informed to us that there is no separate designated place earmarked as such for depositing the garbage within the panchayat limits but an abandoned quarry is being used for the said purpose. We fail to understand why this should be so, in view of the specific order issued by this Court on June 26, 2008," the court noted in its order passed on Wednesday.
The High Court then reminded the Government of the orders passed back in June 2008 which had among other things directed the State government to direct all the village panchayats and municipalities to designate an area falling within its territorial jurisdiction into Garbage Management Zone, to provide for convenient depositor places for temporary deposit or collection of non-biodegradable garbage besides designate a separate place for safe disposal of building debris within three months of that date.
"It is clear that the Village Panchayats had to identify and designate separate place for safe disposal of building debris without harming the environment, within three months. The contention Merces panchayat that they have not formally identified a separate place for safe disposal of building debris therefore is in breach of the order of the Court," the High Court observed.
"Though the Village Panchayat has shown willingness now to sit with the concerned Officers of the Government for finding a solution, from its past conduct, we find that unless some deterrences are placed, things may not progress. The order was passed almost ten years back by this Court and the situation has remained the same, if not worse. Bald excuses are being put forth," the court charged.
"We are constrained to pass this order since even after ten years of the order passed by this Court in respect of building debris, no substantial progress has taken place. We, therefore, direct the Village Panchayat of Merces not to issue any construction licences/permissions, without seeking prior permission of this Court, till further orders," the court said adding that the order had to be passed "as a deterrent, so that this atleast will prompt the Panchayat into taking a concrete action."
"Though we have not passed any specific order in respect of the other Panchayats and local bodies, we hope that these local bodies on their own will approach the Government with the concrete plans for garbage disposal, so as to avoid such deterrent order in their case also," the High Court warned.
