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2003 Supreme(Bom) 845

F.I.REBELLO, P.V.HARDAS
Claudio Fernandes – Appellant
Versus
State of Goa – Respondent


Advocates Appeared:
Mr. M.S. Sonak, Advocate, for the petitioners; Mr. A.N.S. Nadkarni, Advocate General with Mr. H.D. Naik, Addl. Govt. Advocate, for respondents in writ petition No. 417/2002:Mrs. Norma Alvares, Advocate, for the petitioners:Mr. A.N.S. Nadkarni, Advocate General with Mr. S. Vahidulla, Addl. Govt. Advocate, for the respondent Nos. 1 and 5; Mr. S.D. Padiyar, Advocate, for the respondent No.2; Mr. P.A. Kamat, Addl. Govt. Advocate, for the respondent No.3:Mr. AN.S. Nadkarni, Advocate General with Shri H.D. Naik, Addl. Govt. Advocate, for the respondent No.6 in writ petition No. 28 of 2003.

JUDGMENT

F.I. Rebello. J.- Writ Petition No. 417/2002 has been filed by the petitioners who are the Members of the "Sonsoddo Citizens Forum against Dumping at Sonsoddo". The Forum consists of members, who are the residents and other affected citizens from surrounding areas, and has been constituted with the object of pursuing with the concerned authorities the abatement of nuisance/pollution caused by the dumping of untreated garbage at the said dumping site at Sonsoddo. Respondent No. 1 is the Municipal Council of Margao. which is using the said site for disposal of garbage. It is the contention of the petitioners that the dumped garbage includes bio-degradable wastes, non-bio-degradable wastes, consisting of polythene, PVC, Plastic etc., and the bio-medical/clinical wastes from hospitals, syringes, needles, damaged mercury based instruments, etc. The garbage also comprises of carcasses of dead animals, the night soils contents, including septic tank and other gutter wastes. The petitioners contend that all through out the day, burning of such decomposed unsorted dumped garbage emits thick noxious smoke which spreads to a radial distance of 2 to 3 kms. The petitioners contend that
























































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