IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 714 OF 2011 IN SUO MOTU WRIT PETITION NO. 2 OF 2007 SHRI PIYUSH PUROHIT AND ANR.,REP. THROUGH ATTORNEY SHRI. ATUL Y. BHATT ... Applicant Versus STATE OF GOA THROUGH CHIEF SECRETARY AND 44 ORS., ... Respondents Mr. R. Menezes, Advocate for the applicant. Mrs. Norma Alvares, Amicus Curiae. Mr. A. N. S. Nadkarni, Senior Advocate with Mr. D. Lawande, Advocate for respondent no. 2. Mr. M. Salkar, Government Advocate for respondent nos.1,3 to 6. Mr. D. Shirodkar, Advocate for respondent no. 25. Coram:- A. P. LAVANDE & U. V. BAKRE, JJ. Date:- 20th December, 2011 P.C. Heard Mr. R. Menezes, learned Advocate for the applicant, Mr. A. N. S. Nadkarni, learned Senior Advocate for respondent no. 2, Mr. M. Salkar, learned Government Advocate for respondent nos.1,3 to 6, Mr. D. Shirodkar, learned Advocate for respondent no.25 and Mrs. Norma Alvares, learned Amicus Curiae. 2. By this application, the applicant seeks a direction to the Village Panchayat to grant permission for construction of three flats, well and swimming pool in the property of the applicant, in terms of the plans approved by the concerned authorities, in addition to the six flats to which permission/leave was granted by this Court by order dated 25.1.2011 in MCA No. 810/2010. Mr. Nadkarni, learned Senior Counsel appearing on behalf of respondent no.2 has placed on record communication dated 2.12.2011 addressed to the applicant which discloses that composting facility proposed to be installed by the applicant in the property in which construction is proposed to be carried out is as per the prevailing norms and having adequate capacity for treatment of bio-degradable waste that will be generated from the proposed residential complex. The applicant has been further directed to ensure that necessary measures are implemented so as to prevent leachate from flowing beyond the premises of his establishment. 3. Considering the above referred communication, we deem it appropriate to direct the panchayat to consider the application for construction licence of three flats, well and swimming pool submitted by the applicant subject to the compliance of the Rules, however panchayat shall not issue any occupancy certificate and the applicant is at liberty to approach this Court after completion of the construction to seek appropriate orders in relation to occupancy certificate, after complying with the directions given by this Court. 4. 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 that is carried out. Such an undertaking shall be filed within a period of three weeks from today. Subject to the aforesaid directions respondent no. 25 to consider the application for construction licence filed by the applicant and pass appropriate orders. 5. The application stands disposed of. A. P. LAVANDE, J. U. V. BAKRE, J. vn