Summary: Bharatlal Halwai and his brother faced a setback when the court supported a stop-work order on their solar panel installation. The court decided that they needed the right permissions, which they didn't have. Now, they must take down the panels.
Bharatlal Halwai and his brother, Birju, are the main people involved in this case. They were up against the Mormugao Municipal Council and two other parties. The case was heard by Judge Valmiki Menezes.
The Chief Officer of the Mormugao Municipal Council issued a stop-work order on May 19, 2022. The Halwai brothers were putting solar panels on the roof of the Mendes Mansion in Vasco Da Gama. The council said they didn't have the required permissions.
"The stop work notice is completely unfair," argued Bharatlal's lawyer.
Bharatlal's side argued that the Goa State Solar Policy, 2017, should mean they didn't need permissions. They claimed they were "Prosumers," meaning they used solar power for themselves and should be free from certain rules.
The council's lawyer argued that the Solar Policy is just a suggestion and doesn't change the Goa Municipalities Act. They said the Halwai brothers needed a building license, which they didn't have.
"The policy is not a law and can't change state rules," said the council's lawyer.
Judge Valmiki Menezes ruled that the Solar Policy didn't mean the Halwai brothers didn't need permissions. The court said they needed a building license and other approvals, which they hadn't gotten.
The court ordered the Halwai brothers to take down the solar panels by December 12, 2025. They must show proof of this, and the Chief Officer will check to make sure the panels are removed.
"The Petitioner shall dismantle the solar panel structure by 12.12.2025," the judgment stated.
This case shows the importance of following local rules, even when trying to do something good like installing solar panels. Always check the rules before starting a project!
