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2015 Supreme(Bom) 1667

F.M.REIS, K.L.WADANE
Wockhardt Hospitals Limited – Appellant
Versus
State of Goa, its Chief Secretary, Secretariat, Porvorim, Goa – Respondent


Advocates:
Advocate Appeared:
Ms. Gina Almeida, Advocate for the Petitioners.
Ms. S. Mordekar, Addl. Government Advocate for the Respondent no. 1.
Mr. S. D. Padiyar, Advocate for the Respondent no. 2.
Mr. J. Godinho, Advocate for the Respondent no. 3.

JUDGMENT

(Per F. M. Reis, J.)

Heard Ms. Almeida, learned Counsel appearing for the Petitioners, Ms. Mordekar, learned Addl. Government Advocate appearing for the Respondent no. 1, Mr. Padiyar, learned Counsel appearing for the Respondent no. 2 and Shri Godinho, learned Counsel appearing for the Respondent no. 3.

2. The above Writ Petition filed by the Petitioner, inter alia, on the ground that the Petitioner has a 180 bedded hospital and provides for multi-speciality and super speciality tertiary care involving surgical procedures on a large scale. By the very nature of its activities the hospital generates solid waste as well as biomedical waste. The Petitioner by a Management Agreement dated 31.01.2007, took over the management of the hospital from the NUSI ITF Trust of India, Indian Seafarers. The contractual Agreement was signed on 02.03.2009 and a no objection certificate was granted to the Petitioners by the Directorate of Health Services, Government of Goa on 10.02.2010. The Trade and Occupation license was also granted by the Respondent no. 2 on 10.02.2010 and thereafter on 15.01.2009 and 05.06.2009 the Respondent no. 3 issued directions cum show cause notices to the Petiti









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