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Gaurav Bakshi And 2 Ors vs The State Of Goa Thr. Its Chief Secretary ...
2025 Latest Caselaw 1536 Bom

Citation : 2025 Latest Caselaw 1536 Bom
Judgement Date : 6 August, 2025

Bombay High Court

Gaurav Bakshi And 2 Ors vs The State Of Goa Thr. Its Chief Secretary ... on 6 August, 2025

Author: Bharati Dangre
Bench: Bharati Dangre
Suzana



                   IN THE HIGH COURT OF BOMBAY AT GOA

              PUBLIC INTEREST LITIGATION WP NO.16 OF 2023
                                   WITH
             MISC.CIVIL APPLICATION NO.197 OF 2024 (F), CIVIL
                       APPLICATION NO.23 OF 2024
                                   WITH
           PIL WP NO. 2317 OF 2024 (F), PIL WP NO. 17 OF 2023, PIL
                            WP NO. 10 OF 2024
                                   WITH
                      WRIT PETITION NO.527 OF 2024,
                                    AND
           PUBLIC INTEREST LITIGATION WRIT PETITION NO.515
                                OF 2025 (F)
                                   WITH
            PUBLIC INTEREST LITIGATION WRIT PETITION NO.47
                                 OF 2024
                                    AND
            PUBLIC INTEREST LITIGATION WP NO.553 OF 2025 (F)
                                    AND
              PUBLIC INTEREST LITIGATION WP NO.32 OF 2024



                 PUBLIC INTEREST LITIGATION WP NO.16 OF 2023
                                    WITH
                       CIVIL APPLICATION NO.23 OF 2024

          THE GOA FOUNDATION THR ITS
          SECRETARY DR. CLAUDE ALVARES
          AND 2 ORS                                     ... PETITIONERS

                Versus

          THE STATE OF GOA THR ITS CHEIF
          SECRETARY AND 21 ORS                             ... RESPONDENTS




                                          Page 1 of 7
                                        6th August, 2025



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                            WITH
          MISC.CIVIL APPLICATION NO.197 OF 2024 (F)
                            IN
        PUBLIC INTEREST LITIGATION WP NO.16 OF 2023

 IMAGICO INDIA PVT. LTD THR AUTH.
 REP. ABHIJIT JAGANNATH SAWANT AND
 ANR                              ... APPLICANT
         Versus
 THE STATE OF GOA THR ITS CHEIF
 SECRETARY AND 21 ORS           ... RESPONDENTS

                        WITH
   PUBLIC INTEREST LITIGATION WP NO.2317 OF 2024 (F)

 PILERNE CITIZENS FORUM, THR.
 ITS SECRETARY HILARIO LOBO                       ... PETITIONER
     Versus
 THE STATE OF GOA, THR. ITS CHIEF
 SECRETARY AND 22 ORS             ... RESPONDENTS

                           WITH
        PUBLIC INTEREST LITIGATION WP NO.17 OF 2023

 PRAVINSINGH ARJUN SHEDGAONKAR
 AND 2 ORS                   ... PETITIONERS
          Versus
 THE STATE OF GOA THR. ITS CHIEF
 SECRETARY AND 10 ORS            ... RESPONDENTS

                           WITH
              CIVIL APPLICATION NO. 76 OF 2023
                            IN
        PUBLIC INTEREST LITIGATION WP NO.17 OF 2023

 PRAVINSINGH ARJUN SHEDGAONKAR
 AND 2 ORS                   ... APPLICANTS
          Versus
 THE STATE OF GOA THR. ITS CHIEF
 SECRETARY AND 11 ORS            ... RESPONDENTS
                                 Page 2 of 7
                               6th August, 2025



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                            WITH
          MISC.CIVIL APPLICATION NO.198 OF 2024 (F)
                             IN
        PUBLIC INTEREST LITIGATION WP NO.17 OF 2023

 IMAGICO INDIA PVT. LTD THR AUTH.
 REP. ABHIJIT JAGANNATH SAWANT AND
 ANR                              ... APPLICANT

            Versus

 THE STATE OF GOA THR. ITS CHIEF
 SECRETARY AND 10 ORS                          ... RESPONDENT


                           WITH
         MISC.CIVIL APPLICATION NO.2695 OF 2024 (F)
                            IN
        PUBLIC INTEREST LITIGATION WP NO.17 OF 2023

 FEDERATION OF RAINBOW WARRIORS,
 THR. ITS GENERAL SECRETARY,
 ABHIJIT PRABHUDESAI             .... APPLICANT

        Versus

 THE STATE OF GOA THR. ITS
 CHIEF SECRETARY AND 10
 ORS                           ... RESPONDENTS
                          WITH
    PUBLIC INTEREST LITIGATION WP NO.10 OF 2024

 PRAVINSINGH ARJUN SHEDGAONKAR
 AND 2 ORS                   ... PETITIONERS

           Versus

 THR STATE OF GOA, THR. CHIEF
 SECRETARY AND 10 ORS                          ... RESPONDENTS




                                 Page 3 of 7
                               6th August, 2025



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                                   WITH
                       WRIT PETITION NO.527 OF 2024

 SANJAY SHINDE                                     ... PETITIONER
           Versus
 THE STATE OF GOA, THR. ITS CHIEF
 SECRETARY AND 4 ORS                               ... RESPONDENTS
 Mr. Om D'Costa, Advocate for the Petitioner, in PILWP 16/2023 and
 for the Applicant, in CA 23/2024, in PILWP 16/2023.
 Mr. Shubham Priolkar, Additional Government Advocate for the
 Respondent No. 1 in PILWP 16/2023.
 Mr. Shivan Desai, along with Ms. Riya Amonkar, Advocates for the
 Respondent Nos. 3, 4, 8, 14 and 21, in PILWP 16/2023 and for the
 Respondent No. 10 and 11 in PILWP 17/2023, for the Respondents No.
 7, 8 and 9 in PILWP 10/2024 and for the Respondents No. 16, 17 and
 23 in PILWP(F) 2317/2024.
 Mr. Chirag Angle, Advocate for the Respondent Nos. 7 and 11 in
 PILWP/16/2023.
 Mr Jitendra Supekar, Advocate for Respondents No.19, 20 and 23 in
 PILWP/16/2023 and for Respondents No.19 and 20 in
 PILWP/2317/2024(Filing).
 Mr G. Nadkarni, Advocate for Respondent No. 17 in PILWP/16/2023.
 Mr. Laban Carvalho, Advocate for the Respondent No. 9 in
 PILWP/16/2023 and for the Petitioner in WP/527/2024.
 Mr J. Volvoikar, Advocate for Respondent No.5 in WP/527/2024.
 Ms Akshata Bhat, Additional Government Advocate for Respondent
 No.1 to 4 in WP/527/2024.
 Mr. Shubham Priolkar, Additional Government Advocate for the
 Respondent No. 12 (GSBB), in PILWP 2317/2024(F).
 Mr. Nigel Da Costa Frias, along with Ms. Barbara Andrade, Advocate
 for the Petitioner in PILWP 17/2023 and PILWP 10/2024
 and for the Applicant in CA 76/2024 in PILWP 17/2023.
 Mr. Neehal Vernekar, Additional Government Advocate for the
 Respondent Nos. 1 to 6 in PILWP 17/2023.
 Mr. Abhijit Gosavi, Advocate with Ms. Krupa Naik, Advocate for the
 Respondent No. 7 in PILWP 17/2023 and for the Respondent No. 6 in
 PILWP 10/2024.
 Mr. Siddharth Samant, Additional Government Advocate for the
 Respondent Nos. 1 to 5 in PILWP 10/2024.
 Mr Rohit Frias, Advocate for Respondent No.11 in PILWP/10/2024.
 Mr. J.J. Mulgaonkar, along with Ms. Shweta Parulekar, Advocates
 for the Petitioner, in PILWP(F) 2317/2024.
 Ms. Caroline Collasso, Advocate for Applicant in MCA No.2695/2024.

                                  Page 4 of 7
                                6th August, 2025



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                          AND
    PUBLIC INTEREST LITIGATION WP NO.515 OF 2025 (F)

 TRAJANO DMELLO AND ANR.                          ... PETITIONER
           Versus
 THE STATE OF GOA THR. CHIEF
 SECRETARY AND 6 ORS.,                         ... RESPONDENTS


 Ms Sulekha Kamat, Additional Government Advocate for
 Respondents No.1, 4, 5 and 7.
 Mr Pavithran A.V., Advocate for Respondent No.2.
 Mr Kaif Noorani, Advocate for Respondent No.3.
                                  WITH
       PUBLIC INTEREST LITIGATION WP NO.47 OF 2024

 DIRENDRA PHADTE AND ANR.,                        ... PETITIONERS
          Versus
 THE STATE OF GOA, THR. ITS CHIEF
 SECRETARY AND 5 ORS              ... RESPONDENTS

 Mr Rohit Bras De Sa, Advocate with Mr Joel Pinto, Advocate for the
 Petitioners.
 Mr Deep Shirodkar, Additional Government Advocate for
 Respondents No.1 to 3.
 Mr Kaif Noorani, Advocate for the Respondent No.4.
 Mr Pavithran A.V., Advocate for Respondent No.5.
 Mr Shivan Desai, Advocate with Ms Riya Amonkar, Advocate for
 Respondent No.6.

                         AND
    PUBLIC INTEREST LITIGATION WP NO.553 OF 2025 (F)

 MAYUR SHARAD SHETGAONKAR
 AND 3 ORS                                     ... PETITIONERS

         Versus

 THE STATE OF GOA THR. ITS CHIEF
 SECRETARY AND 8 ORS             ... RESPONDENTS

                                 Page 5 of 7
                               6th August, 2025



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  Mr. Rohit Bras De Sa with Mr. Joel Pinto, Advocates for the Petitioners.
 Mr. Siddharth Samant, Additional Government Advocate for
 Respondent Nos. 1, 2 and 3.
 Mr. J. E. Coelho Pereira, Senior Advocate with Mr. Anand Shirodkar,
 Mr Villas Pavithran and Mr. Pancham Phadte, Advocates for
 Respondent No.4.
 Mr Hanumant D. Naik, Advocate for Respondent No.6.
 Mr Varun Bhandenkar, Advocate for Respondent No.7.
 Mr Rohit Frias, Advocate for Respondent No.8.


                           AND
       PUBLIC INTEREST LITIGATION WP NO.32 OF 2024

 GAURAV BAKSHI AND 2 ORS                                       ... PETITIONERS

                  Versus

 THE STATE OF GOA THR. ITS CHIEF
 SECRETARY AND 5 ORS                                          ... RESPONDENTS

 Mr Nigel Da Costa Frias, Advocate with Ms Barbara Andrade, Advocate
 for the Petitioners.
 Ms. Sapna Mordekar, Additional Government Advocate (through V.C.)
 for Respondent Nos.1 to 5.
 Mr Akhil Parrikar, Advocate for Respondent No.6.
 Mr Deepak Gaonkar, Advocate for respondent No.7.


                           CORAM                : BHARATI DANGRE &
                                                  NIVEDITA P. MEHTA, JJ.

DATED : 6th August, 2025.

1. The bunch of PIL Writ Petitions listed at Serial No.11 along with Writ Petition No.527/2024 and PIL Writ Petitions No. 515/2025(Filing), 47/2024, 553/2025(Filing) and 32/2024, deserve postponement in terms of the order dated 22.07.2025 passed by the Hon'ble Apex Court, when it directed that till the next date, the parties shall maintain status quo and the proceedings before the High Court

6th August, 2025

shall remain stayed with reference to the Petitions giving rise to Special Leave Petition (Civil) Nos. 15973-15975/2025, involving a challenge to the judgment passed by this Court on 13.03.2025 in relation to Section 17(2) of The Goa Town and Country Planning Act, 1974.

We, therefore, adjourn the aforesaid Writ Petitions sine die with liberty to the parties to approach the Court in case any exigency arises.

2. We are informed by Mr Frias, appearing for the Petitioner in Writ Petition No.10/2024 that it do not involve the issue of Section 17(2) of the TCP Act and this submission is not opposed by Mr Desai, representing the Respondents.

Hence, we deem it appropriate to pull out the PILWP/10/2024 out of the bunch and direct it to be segregated and as requested by the learned Counsel, direct its listing on 09.09.2025.

3. Interim order granted in PILWP/32/2024 vide order dated 24.06.2024 to continue.

 NIVEDITA P. MEHTA, J.                       BHARATI DANGRE, J.





                                6th August, 2025




 

 
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