IN THE HIGH COURT OF BOMBAY AT GOA PUBLIC INTEREST LITIGATION WP NO. 13 OF 2008 MOTHER EARTH THROUGH PRESIDENT DATTATRAY K. K. GHANEKAR AND ANR., ... Petitioners Versus STATE OF GOA THROUGH CHIEF SECRETARY AND 5 ORS., ... Respondents In Person. Advocate Ms. Norma Alvares, Amicus Curiae. Mr. S. S. Rivonkar, Govt. Advocate for respondents No. 1, 3, 5 and 6. Mr. S. N. Joshi, Advocate for respondent No.2. Mr. A. F. Diniz, Advocate for respondent No.4. Coram:- P. B. MAJMUDAR & N. A. BRITTO, JJ. Date:- 3rd February, 2009 P.C. On 16th December, 2008 this Court passed the following order : "An additional Affidavit in reply has been filed by the Commissioner of the City of Panaji, today, wherein a categorical statement is made that unless and until plant is repaired (if such repair is feasible) to the satisfaction of the Goa Pollution Control Board, the plant will not be used for further disposal of solid waste. 2. In view of the said statement, no further order is required to be passed. However, we direct the Pollution Control Board to inspect the site/plant and a report of feasibility be filed in the Court before permitting the Corporation to restart the plant. 3. S.O. 03.02.2009." 2. Today, the Court is informed that no application has been filed by the Corporation of City of Panaji to the Goa State Pollution Control Board in connection with the feasibility whether the plant can be operated or not. It is an admitted fact that today the plaint is not in operation. 3. It seems that the plant cannot be operated and in that view of the matter, it is not necessary to pass any further orders in the matter at this stage. More over, at present, there is no complaint regarding the pollution in the concerned area. 4. We, accordingly, dispose of this PIL Writ Petition, along with the misc. civil applications, if any, in the light of the Order passed on 16.12.2008, with liberty to file an appropriate petition in case any eventuality arises. P. B. MAJMUDAR, J. N. A. BRITTO, J. ssm.