IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 923 OF 2011 IN SUO MOTU WRIT PETITION NO. 2 OF 2007 MR. CARLITO AGNELO ELMO DE SOUZA @ CHARLES AGNEL ELMO D'SOUZA AND 8 ORS.,THROUGH P.O.A MR. PETER VAZ ... Applicant Versus STATE OF GOA THROUGH CHIEF SECRETARY AND 44 ORS., ... Respondents Mrs. N. Alvares, Amicus Curiae in SMWP No.2/2007. Mr. Nitin Sardessai, Advocate for the applicant. Mr. S. S. Kantak, Advocate General with Mr. M. Salkar, Government Advocate for original respondent nos. 1, 3 to 6. Mr. A. N. S. Nadkarni, Senior Advocate with Mr.D. Lawande, Advocate for respondent no.3/original respondent no.2. Mr. J. Lobo, holding for Mr. P. A. Kamat, Advocate for respondent no.2/ original respondent no. 26. Coram:- A. P. LAVANDE & U. V. BAKRE, JJ. Date:- 15th November, 2011 P.C. Heard Mr. Nitin Sardessai, learned Advocate for the applicant, Mr. M. Salkar, learned Government Advocate for respondent no. 1, Mr. A. N. S. Nadkarni, learned Senior Advocate for respondent no.3, Mr. J. Lobo, learned Advocate holding for Mr. P. A. Kamat, learned Advocate for respondent no.2 and Mrs. N. Alvares, Amicus Curiae in SMWP No.2/2007. 2. The applicant has filed an application to respondent no.2 and has sought licence to construct resort complex in survey nos. 123/19(part), 124/2(part) and 125/9(part). 3. Pursuant to the order dated 18.10.2011 the applicant has approached respondent no.3 and respondent no. 3 by communication dated 14.11.2011 has informed the applicant that Organic Waste Converter proposed to be installed in the property is as per the prevalent norms and having adequate capacity for treatment of Biodegradable waste for the proposed resort complex. The applicant has been further directed to take necessary measures so as to prevent leachate from flowing beyond the premises of his establishment. The communication has been issued subject to the order that may be passed by this Court. 4. In the application at para 13 the applicant has made a statement that the applicant has been given to understand that respondent no. 2 is complying interim directions issued by this Court as regard the plastic waste. Mrs. N. Alvares, Amicus Curiae appearing in SMWP 2/2007 submits that respondent no. 2 has not at all complied with the directions given by this Court regarding disposal of the plastic waste. Mr. Sardessai, learned Counsel submits that applicant be permitted to carry on construction which is likely to take a period of almost 2 years and appropriate orders be passed that before occupancy certificate is granted, the directions issued by this Court are complied with and the applicant be permitted to carry out construction of the resort at the cost and risk of the applicant and the applicant will not claim any equity on the ground that construction has been carried out pursuant to the order passed by this Court. 5. In view of the communication dated 14.11.2011, we deem it appropriate to direct panchayat to consider the application seeking construction licence filed by the applicant subject to the compliance of all the Rules. In so far as as compliance of directions given by this Court are concerned, panchayat shall not issue any occupancy certificate and the applicant is at liberty to approach this Court after completion of the project to seek direction against the panchayat to issue necessary occupancy certificate after complying with the directions given by this Court. 6. The applicant shall also file an undertaking stating that unless and until orders are passed by this Court after completion of the construction the applicant either himself or through any other person/persons will not occupy the construction. Such an undertaking shall be filed within a period of two weeks from today. Subject to the aforesaid directions respondent no. 2 to consider the application for construction licence filed by the applicant and pass necessary order. 7. The application stands disposed of. A. P. LAVANDE, J. U. V. BAKRE, J. vn