HC junks notice of civic body, allows fitting of solar panels

Panaji: The high court of Bombay at Goa in an interim order allowed Bharatlal Halwai and others to continue with the installation of the solar panel on the rooftop of their building and asked not to implement the work stoppage order issued by the chief officer of Mormugao Municipal Council (MMC).
The petition is filed being aggrieved by a ‘work stoppage order’ by the chief officer on May 19, 2023.
On a complaint filed by one Reynold Abranches on behalf of Celina Abranches, the Municipal Council proceeded to carry out an inspection of the residential building belonging to the petitioners on May 17, 2023 and it noted that the fabrication work for the installation of solar power panels being carried out on open terrace of top floor of the Mendes Mansion building was illegal.
The chief officer formed an opinion that the work is being carried out without obtaining prior permission under the Goa Municipalities Act, 1968 and directed the alleged illegal activity to be stopped.
Despite having received notice on May 29, 2023, none represented the municipality when the matter was called out.
The counsel for petitioners A D Bhobe said that the Goa State Solar Policy,2017, which is being implemented in the State, for encouraging the use of solar power as a source of energy, so as to reduce carbon emissions, particularly in the wake of the challenges of climate change and global warming resulting from burning of fossil fuels and considering fact that the solar power generated is environmentally safe and sustainable alternative.
The policy annexed to the petition comprises of several directives about its implementation and the petitioners would fall into the category of ‘prosumer’, who is a consumer having connected load with the Goa electricity department and who is the prosumer of the solar power, the HC observed.
“The petitioners would fall in the sub category of small prosumer and the electricity department on June 22, 2022, has granted approval for installation of solar PV rooftop for power generation to meet the demand of 40.15kwp at their apartment situated at Vasco da Gama. The copy of the permission does not impose any condition of obtaining prior permission from the municipal council,” the high court observed.
In fact, when the policy is carefully perused, it categorically specified that no gram panchayat/urban local body/town and country planning department’s construction licence/NOC/completion certificate is required. As far as the structural stability certificate, which is the condition for installation of the solar system is concerned, it is applicable in respect of 100kW and above.
“From reading of the policy, it prima facie appears that the municipal council has assumed that the necessary permission is required under the Goa Municipality Act,1968, though the chief officer in the impugned order has not specified any particular provision under which the permission is required,” the HC observed.
It is the submission on behalf of the petitioners that the work is already in progress and if no stay is granted to the impugned order, it will not progress further and since monsoon is likely to hit the shores of Goa soon, it will become impossible to install the solar panels.
“In the wake of the said order, I deem it appropriate to issue fresh notice to the respondents making it returnable on June 15, 2023. By way of ad-interim order, it is ordered that the impugned order shall not be given effect and the petitioners are permitted to continue with the installation of the solar panel on the rooftop of their building, as per approval order dated June 22, 2022 issued by the electricity department,” Justice Bharati Dangre observed.