MARIA FELIZA BRAGANZA Vs. LLOYD NUNES

JUDGEMENT

(1.) Heard Mr. Melwin Viegas for the Petitioner, Mr. Nigel Fernandes for Respondent No.1, Ms. Sapna Mordekar, learned Additional Govt. Advocate for Respondents No. 2, 3 and 5, Mr. Joaquim Godinho for Respondent No.4 and Mr. Pranay Kamat for Respondent No.6.

(2.) Rule. Rule is made returnable forthwith, with the consent of and at the request of the learned Counsel for the parties.

(3.) The Petitioner complains about a dairy farm, established by Respondent No.1 without obtaining necessary permissions from the statutory authorities, as contemplated under the Goa Public Health Act, 1985 and the Goa Panchayat Raj Act, 1994. The Petitioner contends that despite complaints to the statutory authorities, no action is being taken in the matter and in the meanwhile, Respondent No.1 is continuing with his activity of cattle dairy farm. The Petitioner contends that this is a source of nuisance and health hazard and the authorities under the Public Health Act have only initiated certain proceedings under Chapter VI which deals with abatement of nuisances. He submits that the main issue is whether any permissions have been obtained by Respondent No.1 to put up such an activity and it is only thereafter that the issue of nuisance can be addressed.