IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 849 OF 2011 IN SUO MOTU WRIT PETITION NO. 2 OF 2007 SHRI. JOAO SANTAN FERNANDES ... Applicant Versus SANGUEM MUNICIPAL COUNCIL THROUGH ITS CHIEF OFFICER AND 2 ORS., ... Respondents Mrs. N. Alvares, Amicus Curiae in SMWP No.2/2007. Mr. S. D. Padiyar, Advocate for the applicant. Mr. S. D. Lotlikar, Senior Advocate with Mr. H. Kankonkar, Advocate for respondent no.1. Mr. S. S. Kantak, Advocate General with Mr. M. Salkar, Government Advocate for respondent no.2. Mr. A. N. S. Nadkarni, Senior Advocate with Mr.D. Lawande, Advocate for respondent no.3. Coram:- A. P. LAVANDE & U. V. BAKRE, JJ. Date:- 15th November, 2011 P.C. Heard Mr. S. D. Padiyar, learned Advocate for the applicant, Mr. S. D. Lotlikar, Senior Advocate for respondent no.1, Mr. M. Salkar, learned Government Advocate for respondent no.2, Mr. A. N. S. Nadkarni, learned Senior Advocate for respondent no.3 and Mrs. N. Alvares, Amicus Curiae. 2. By this application the applicant seeks direction to respondent no.1 to consider the application dated 4.7.2011 filed by the applicant seeking permission for construction of residential building in survey no.93/7 of village Sanguem. 3. The applicant had approached respondent no. 3, who by communication dated 17.10.2011 has informed the applicant that the composting unit proposed is as per the drawing enclosed and as per the prevalent norms and having adequate capacity for treatment of Biodegradable waste for the proposed residential establishment. The applicant has been further directed to ensure that necessary measures are implemented so as to prevent leachate from the composting unit from flowing beyond the premises of the establishment. 4. Mr. Padiyar, learned Advocate has invited our attention to the order dated 17.12.2009 passed in MCA No. 815 of 2009. Moreover, in para 9 of the application, the applicant has stated that respondent no. 3 has reported compliance of immediate measures as per order passed by this Court by municipal council including respondent no. 1. This position has not been disputed by learned Amicus Curiae appearing in the petition as well as by Mr. Lotlikar, learned Senior Counsel appearing for Sanquem Municipal Council. 5. In view of the above, respondent no.1 to consider the application dated 4.7.2011 and pass an appropriate order in terms of the plan and applicable Rules within a period of three weeks. The applicant shall also give an undertaking in terms of the bye law no. 27 of the model bye laws framed under the Goa, Daman and Diu Municipal Council Building Bye Laws, 1987. Respondent no. 1 shall also ensure that the construction undertaken is in compliance of said bye laws. Respondent no.1 shall issue occupancy certificate subject to compliance of the Rules and the bye laws as well as directions given by this Court in Suo Motu Writ Petition No. 2/ 2007. 6. Application stands disposed of. A. P. LAVANDE, J. U. V. BAKRE, J. vn