M/S MAYFAIR RESORTS (INDIA) LTD., THROUGH ITS DIRECTOR, MR. GOKUL KUMAR Vs. VILLAGE PANCHAYAT OF ANJUNA-CAISUA, THROUGH ITS SECRETARY & 2 ORS.

JUDGEMENT

(1.) ON this Application, we called for a report from the Village Panchayat of Anjuna. That report was called for after the Sarpanch and the Secretary of the Panchayat were directed to remain present, with the record. There was a complaint that the direction of this Court to install a composting unit has not been complied with by the Panchayat. Therefore, before the request of the Applicant in Miscellaneous Civil Application No. 183/2011 is considered, we insisted on a report being filed on affidavit by the Panchayat. Accordingly, learned Counsel Mr. Sardessai appearing on behalf of the Village Panchayat, Anjuna has filed an affidavit of the Sarpanch and after indicating the steps taken for putting up the composting facility, ultimately, it is stated in para 6 of the affidavit that Respondent No. 25 will ensure construction of the composting unit and that would be completed within a period of ten days from today.

(2.) WHILE taking this affidavit on record, we accept the statement made in para 6 of the affidavit as an undertaking to this Court. We direct that construction of the composting unit should be completed and it must be made functional within this period.

(3.) THE Applicant states that, it is constrained to make this Application because when it applied for construction licence, the Panchayat informed it that even if the other permissions are granted, in the light of the Order passed by this Court, the Panchayat cannot grant the Applicant's request. Reliance is placed on the Resolution passed at the monthly meeting of the Village Panchayat dated 17 -12 -2010. This Resolution is passed in view of the Order dated 11th August, 2010. In the Suo Motu Writ Petition No. 2/2007, this Court has directed the Panchayat not to issue licence/permission for construction of new buildings/structures without seeking prior permission of this Court. It is stated that this Court has issued directions to all the Coastal Village Panchayats to make arrangements for composting of biodegradable waste and six weeks time was given to the Panchayats to locate the places and commence composting at the sites.