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2003 Supreme(Bom) 921
BOMBAY HIGH COURT AT PANAJI, GOA
F.I. REBELLO, P.V. HARDAS, JJ.
Yeshwant Palekar – Petitioner
Versus
State of Goa - Respondent
Writ Petition No. 107 of 2003
Decided on: 13th August, 2003
Mr. D. Pangam, Advocate, for the petitioner;
Mr. S.G. Dessai, Senior Advocate with Mr. Shlvan Dessai, Advocate, for the respondent No.1;
Mr. A.N.S. Nadkarni. Advocate General with Mr. H.D. Naik, Additional Government Advoate, for the respondent 2. 3 and 5;
A.F. Diniz. Advocate for the respondent No. 4;
Mr. M. Amonkar, Advocate, for respondents 8, 9, 10 and 16.
The central legal point established in the judgment is the importance of enforcing laws related to public health, food adulteration, and environmental protection, and the need to protect the environment and public health.
Headnote:
Public Health - Illegal Activities at Bus Terminus - Goa Municipalities Act, 1968, Prevention of Food Adulteration Act, 1954, Goa Public Health Act, 1985 - The court directed the State Government to carry out cleaning, beautification, and re-laying of the bus terminus, and to take steps to protect the mangrove areas from garbage and other waste. It also directed the authorities to cancel the licenses of those carrying out illegal activities, and to issue suitable directions and frame rules for compliance. The judgment emphasized the need for compliance with the laws governing public health and food adulteration, and the importance of protecting the environment and public health.
Fact of the Case:
The petitioner sought relief to stop illegal activities at the Kadamba Transport Corporation Bus Terminus, including selling food items, maintaining proper conditions, and clearing garbage. The petitioner argued that the respondents neglected to maintain the bus terminus, leading to unhygienic and unsafe conditions.
Finding of the Court:
The court found that the respondents were carrying out illegal activities, such as selling food items without proper licenses, and causing health hazards. The court also noted the neglect of the authorities in enforcing laws related to public health and food adulteration.
Issues: The issues included the neglect of maintaining the bus terminus, illegal business activities, non-compliance with public health and food adulteration laws, and the need for proper maintenance and cleanliness at the bus terminus.
Ratio Decidendi: The court emphasized the importance of enforcing laws related to public health, food adulteration, and environmental protection. It directed the authorities to take necessary steps to ensure compliance with the relevant laws and to protect the environment and public health.
Final Decision: The court made the rule absolute and issued various directions to the State Government, Kadamba Transport Corporation, and other authorities to carry out cleaning, beautification, and re-laying of the bus terminus, cancel licenses of those carrying out illegal activities, and ensure compliance with public health and food adulteration laws.
Per Rebello, J.- The original petitioner expired during the pendency of the petition and has been substituted by the present petitioner. The reliefs as prayed for in the petition are as under :-
(a) This Hon'ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other writ, order or direction, commanding the respondents 1 to 5, to immediately stop the illegal activities of selling food items carried on by the respondents 6 to 17 within the Kadamba Transport Corporation Bus Terminus at Panaji;
(b) This Hon'ble Court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding respondents 1, 2 4 and 4 to maintain the Kadamba Transport Corporation Bus Terminus at Panaji in proper condition, by repairing and further maintaining the toilets, as also the roads within the Kadamba Transport Corporation Bus Terminus at Panaji;
(c) This Honble Court be pleased to issue a further writ of mandamus or writ in the nature of mandamus or any other direction, commanding the respondents 1 to 5 to clear all the nuisance/garbage/waste lying in the Kadamba Transport Corporation Bus Terminus at Panaji as well as the adjoining marshy lands; and
(d) For such other the further reliefs that this Hon'ble Court deems fit and proper.
2. It is the case of the petitioner that the Kadamba Transport Corporation Bus Terminus at Panaji is the main bus stand for the entire Goa. Most of the Inter-State buses either start or reach the commuters at the Panaji Kadamba Transport Corporation Bus Terminus. It is also the biggest bus stand in Goa. On account of heavy rush of passengers visiting the Kadamba Transport Corporation Bus Terminus, various business activities have flourished within the said complex. Apart from such business, several illegal business/activities are going on in the said complex. The illegal activities are going on in front of the authorities, who inspite of being aware of the same, have chosen to ignore the said illegal activities. For the reasons set out, it is contended that the respondent No. 1 is 'State' or an instrumentality of the State within the meaning of Article 12 of the Constitution of India. Although aware of the fact that thousands of commuters visit the bus stand every day, including tourists, the respondent No. 1 as also respondent No. 5 have, right from the beginning, neglected to maintain and keep the bus terminus clean. It is pointed out that there are potholes everywhere. The garbage as well as waste, which are generated out of the various business activities within the complex, are dumped in the open area, Such garbage, includes plastic bags and bottles, which have been dumped in the adjoining areas which are covered with mangroves and marshy lands. The garbage is thrown on the boundary towards the South-East side of the terminus. Some of the garbage falls within the bus terminus and some falls within the marshy lands with mangroves, as a result the entire terminus has become unhygienic and unsafe due to the negligence on the part of the respondent No. 1
It is pointed out that there is a pay-toilet maintained by the respondent No.1, who appointed a contractor to run the same. The contractor, though prompt in collecting the money, does not maintain the toilet as they are not clean nor maintained properly. The contention of the petitioner is that the condition of the said toilet is pathetic.
It is then the specific case of the petitioner that the respondents 6 to 17 herein are carrying on the business of selling food items within the Kadamba Transport Corporation Bus Terminus. The kiosks in which the respondents 6 to 17 are carrying out the business of selling food items by running restaurants are not meant for such activities. It is the case of the petitioner that the said kiosks/stalls were reserved for selling flowers, cigarettes, etc. It is also contended that the kiosks/stalls have been obtained illegally from
