HIGH COURT ORDER
>> The State shall strictly enforce the Circulars issued by it
>> The State shall also strictly enforce its Circular dated 13 July 2018
>> Ensure that the contractors adhere to the conditions of the Circulars
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RESPONSIBILITIES
(Implementation of Circulars)
>> On secretaries of village panchayats and Chief Officers of respective local bodies
>> Directors of Urban Development & Panchayats to ensure compliance of circulars
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ON DUMPING IN
MANGROVES
>> The High Court directed the Director of Panchayats to submit a report after personally conducting an inquiry into the role played by the Merces Panchayat
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PANAJI: The Bombay High Court at Goa on Wednesday disposed a bunch of petitions it had initiated against the improper disposal of garbage and construction debris directing that the State government enforce its various circulars especially those issued by the PWD designating sites for the disposal of debris.
The High Court, has however kept pending the contempt petition filed by Adv Aires Rodrigues regarding the inaction by the Merces panchayat against the dumping of debris in the fields of the village especially along the Old Goa bypass as it wished to take the issue further.
“The State shall strictly enforce the Circulars issued by it...The State shall also strictly enforce its Circular dated 13 July 2018 to include the additional specifications and conditions in the Tenders whenever applicable and ensure that the contractors who accept such tenders adhere to the conditions of the Circulars,” the High Court ruled.
While placing the the responsibility of implementation of the Circulars on the Secretaries of the Village Panchayats and the Chief Officer of the respective local bodies, the High Court ruled that the Director of Urban Development and the Director of Panchayats shall ensure strict compliance of the Circulars issued by them.
“We place the responsibility on the Director of Panchayats and the Direction of Municipal Administration to take necessary deterrent action in case there is non-compliance of the above directions issued to the local bodies by them,” the High Court ruled.
The Public Works Department (PWD), had informed the general public of 13 locations where construction debris can be deposited with prior information to the concerned Assistant Engineer.
In pursuance to the aforesaid Notification issued by the PWD, the Director Urban Development/Municipal Administration and the Director of Panchayats has issued directions wherein the notification issued by the PWD was informed to the ULB and Municipalities and directions were issued stating that construction debris within the jurisdiction of such ULB and Municipalities have to be cleared and deposited in the said sites.
The Director of Village Panchayats similarly has issued two circulars wherein the notification issued by the PWD was informed to the Village Panchayats and directions were issued, vide memorandums attached to the said circulars, stating that construction debris within the jurisdiction of such Panchayats have to be cleared and deposited in the said sites.
The High Court also directed the State government to set up a committee within three months from today or entrust the work to a particular Department or Officers to study the guidelines issued for use of Construction and Demolition Waste and the Construction & Demolition Waste Management Rules, 2016 to recommend steps as envisaged under the above Rules and the documents as applicable in the State in addition to the Circulars already issued.
With regard to the petition over dumping of debris in the mangroves of Merces, the High Court directed the Director of Panchayats to submit a report to this Court, after personally conducting an enquiry into the role played by the Merces Panchayat in respect of the orders issued by the Court and on the issues highlighted by the Contempt Petitioner.
