A Vs. STATE OF GOA

JUDGEMENT

(1.) We have heard the learned counsels for the respective parties and the learned Amicus Curiae. It is obvious that expedient measures have to be taken. Hence the following order :

(2.) The learned counsel for Ponda Municipal Council stated that there is no suitable site available within its boundaries for setting up land fill site. He has stated that there is a site available in the adjoining Village Panchayat of Kurti-Khandepar. The learned counsel for Village Panchayat of Kurti-Khandepar denies that a suitable site is not available within Ponda Municipal Council and submitted that therefore, it is not necessary for the Village Panchayat of Kurti-Khandepar to provide site to Ponda Municipal Council. In the circumstances, we direct the Chairperson of Ponda Municipal Council and Sarpanch of Village Panchayat of Kurti- Khandepar to carry out joint inspection of both Ponda Municipal Council and Village Panchayat of Kurti-Khandepar for locating a suitable site. The joint inspection shall be carried out in the present of an officer of Goa State Pollution Control Board specially deputed by the Government. The inspection shall be carried out on 15.07.2008 during office hours. The Officer of Goa State Pollution Control Board shall submit a report of the availability of the suitable sites in both the areas. The Officer of Goa State Pollution Control Board shall be entitled to require the presence of any officer from Town and Country Planning Department, Water Resources Department and Forest Department. Such an officer whose presence is requisitioned shall make it convenient to be present.