CLAUDIO FERNANDES Vs. MARGAO MUNICIPAL COUNCIL

JUDGEMENT

(1.) WRIT Petition No.417/2002 has been filed by the petitioners who are the Members of the "Sonsoddo Citizens Forum against Dumping at Sonsoddo". The Forum consists of members, who are the residents and other affected citizens from surrounding areas, and has been constituted with the object of pursuing with the concerned authorities the abatement of nuisance/pollution caused by the dumping of untreated garbage at the said dumping site at Sonsoddo. Respondent No.1 is the Municipal Council of Margao, which is using the said site for disposal of garbage. It is the contention of the petitioners that the dumped garbage includes bio-degradable wastes, non-bio-degradable wastes, consisting of polythene, PVC, Plastic etc., and the bio-medical/clinical wastes from hospitals, syringes, needles, damaged mercury based instruments, etc. The garbage also comprises of carcasses of dead animals, and night soils contents, including septic tank and other gutter wastes. The petitioners contend that all through out the day, burning of such decomposed unsorted dumped garbage emits thick noxious smoke which spreads to a radial distance of 2 to 3 kms. The petitioners contend that emission of these fumes and consequent inhaling of the same is causing severe inconvenience and health hazards to several persons residing around the dumping site area and causes skin allergies and various breathing problems. The polythene, PVC and other plastic materials dumped are blown over to the adjoining private properties and residential areas. Considering the nature of the petition, it is really not necessary to go into the various averments in the petition as that can be the subject-matter of directions, considering the material which is on record and which will be adverted to in the course of the discussion. The main relief prayed for by the petitioners against the respondents is to direct the respondents to stop the dumping of garbage at the dumping site at Sonsoddo, Margao. Various interim reliefs were prayed for, which need not be considered at this stage. On behalf of respondent No.1, affidavits have been filed from time to time. It is pointed out that the Sonsoddo dumping site is being used as a dumping site for more than 50 years. Till about 10 years ago this site was an isolated place with no population around a radius of 2 kms. Respondent No.1 denies that on account of dumping there is any nuisance, health hazard, pollution or environmental degradation or that there is deliberate inaction and failure to discharge the statutory duties. It is pointed out that the Council during the pendency of the petition, has shifted approximately 13000 cubic metres of compost from the said site. It is, therefore, contended that the contention of the petitioners that there is no scope for continuing any further dumping is incorrect. The respondent No.1 council it is contended collects mostly mixed garbage which contains 20% to 30% inorganic wastes. This inorganic waste is being sorted out at the dump site by the rag-pickers present at the site and most of the inorganic wastes like plastic, glasses, tins, etc., are being segregated at the site. Other allegations made in the petition have been denied. On behalf of respondent No.3, various affidavits have been filed. An additional affidavit has been filed on 7.7.2003. It is therein pointed out, that the Counsel for the petitioners in Writ Petition No.28/2003 had presented before this Court a copy of a Scheme for Environment Friendly Disposal of Municipal Wastes in Goa in accordance with the MSW Rules, 2000. In order to formulate the Government stand on the scheme, the Committee consisting of the Director of Municipal Administration, Member Secretary, Goa State Urban Development Agency, Director (Science, Technology and Environment), Commissioner, Corporation of the City of Panaji and the Chief Officers of Ponda and Mapusa Municipal Councils, was constituted and the Committee was asked to examine the scheme and submit its suggestions in the form of a Report to enable the Government to formulate its stand in the matter. The Committee has met and submitted its report to the Government on 30.6.2003 with recommendations under the Scheme. In the additional affidavit of July 21, 2003, it has been set out that the report of the Committee was placed for consideration of the Government. The report has been approved and accepted by the Government with suggestions and views expressed by the said Committee in its report.

(2.) IN Writ Petition No.28/2003 Petitioner No.1 is a citizens' group located in the Village of Saligao. It has been involved in clean-up of the Village and has organized drives for removal of plastic from all village residences. It plays an active role in assisting the authorities in maintenance of the general cleanliness of the Village and takes up an active role in other public interest issues, including the removal of billboards. Petitioner No.2 is a Society, which has amongst other objects, the object to halt the ecological degradation of the environment and to formulate and implement programmes for the rehabilitation and development of the Goa environment and to restore ecological balance. It is pointed out that respondent No.1 the Director of Municipal Administration, is the authority designated under the Municipal Solid Waste (MSW) Rules, 2000 notified under the provisions of the Environment Protection Act, 1986. In this petition the main relief sought is basically to challenge the use of Survey No.47 of Calangute Village and Survey No.112 of Saligao Village of Bardez Taluka for the purpose of disposal of garbage, except in accordance with the procedure laid down under the MSW Rules, 2000 issued under Sections 3, 6 and 25 of the Environment Protection Act, 1986. It is pointed that the survey numbers which have been notified for acquisition, are adjacent to each other and are located on the borders of Saligao and Calangute Villages. The proposed site is on a high plateau in the midst of a beautiful nature reserve, bounded with a social forest planted by the Forest Department of Goa and is bordered on the various sides by settlements. A valley begin at the edge of the plateau and is full of springs and wells from which the Villagers secure their water supplies. Reference is made to the Salmona Springs which has been developed for purposes of tourism and would be in danger of destruction if the site was used for unscientific dumping of garbage. The Village Panchayat of Calangute has been dumping garbage of the Village on the plots in question. Amongst the various reliefs sought are directions to the respondents to implement the provisions of the MSW Rules, 2000 in respect of dumping of garbage on the suit properties. The interim reliefs prayed for need not be adverted to.

(3.) THIS Court by Order dated 13.12.1999 in PIL Writ Petition No.109/99 had directed the State Government to place before the Court, Schemes to deal with biodegradable garbage as well as non-biodegradable garbage and also control over manufacture, supply, collection and disposal of plastic bags as well as plastic bottles. A Committee was constituted. The terms and reference of the Committee, were as under