Bombay High Court
Joseph Dsouza vs The State Of Goa Thr The Chief Secretary ... on 11 March, 2025
Author: M. S. Sonak
Bench: M. S. Sonak
2025:BHC-GOA:393-DB
2025:BHC-GOA:393-DB
40-WP-344-2024(4).doc
Maria S.
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO.344 OF 2024
Joseph D'Souza, major of age,
Indian National, about 65 years
of age, r/o 2/125-A, Pequen
Morod, Saligao, Bardez, Goa- ... Petitioner
403511.
Versus
1. The State of Goa, through the
Chief Secretary, having office at
Secretariat, Porvorim-Goa.
2. The Goa Coastal Zone
Management Authority
(GCZMA), Through its Member
Secretary, having its office at 4th
Floor, Dempo Towers, Patto,
Panaji-Goa.
3. The Village Panchayat of Tuem,
through its Secretary, having its
office at Tuem, Pernem-Goa.
4. Mr Umakant Pundalik
Chodankar, major of age, r/o.
Guddem, Siolim, Bardez-Goa. ...Respondents
Mr. Gaurang Panandiker, Advocate for the Petitioner.
Mr. Pankaj D. Chodankar, Advocate with Ms Kalpana R.
Saperkar, Advocate for the Respondent no. 4.
Mr. Shubham Priolkar, Additional Government
Advocate for the Respondent State.
CORAM: ALOK ARADHE, CJ. &
M. S. SONAK, J.
DATE: 11th March, 2025
Page 1 of 3
11th March 2025
::: Uploaded on - 12/03/2025 ::: Downloaded on - 12/03/2025 22:21:32 :::
40-WP-344-2024(4).doc
ORAL JUDGMENT: (Per M. S. Sonak, J)
1. Heard Mr Gaurang Panandiker, learned Counsel for the
Petitioner, Mr Shubham Priolkar, learned Additional Government
Advocate for Respondent No.2 and Mr Pankaj Chodankar, learned
Counsel for Respondent No.4.
2. Rule. Rule is made returnable immediately at the request and
with the consent of learned Counsel for the parties.
3. The Petitioner complains about non-enforcement of the
directions dated 10.03.2021 issued by the Goa Coastal Zone
Management Authority regarding the environmental violations in
Survey No.132/1-A of Tuem Village, Pernem-Goa. The violation
involves illegal filling and reclamation of low-lying fields in the No
Development Zone of the CRZ area.
4. The operative directions issued by the Goa Coastal Zone
Management Authority read as follows:-
`NOW THEREFORE, the GCZMA in exercise of the powers
conferred under Section 5 of the Environment (Protection) Act,
1986 (Central Act 29 of 1986) read with sub-rule (3) (a) of Rule
4 of the Environment (Protection) Rules 1986, and read with
power vested with the GCZMA vide Order S.O. 3975 (E) dated
31/10/2019 issued by the Ministry of Environment & Forests,
Government of India, hereby directs the Village Panchayat of
Tuem, to take steps to remove the mud and recover the cost of
expenditure from the person involved in the mud dumping in
the property bearing survey No.132 of village Tuem. Further,
the Village Panchayat of Tuem, is required to submit an
Compliance report to this authority in four weeks. The
proceedings are disposed off accordingly.'
11th March 2025
40-WP-344-2024(4).doc
5. Mr Shubham Priolkar learned Additional Government Advocate,
on instructions from the Goa Coastal Zone Management Authority,
states that within three months from today, the Goa Coastal Zone
Management Authority will implement the directions and restore the
land to its original condition. Mr Priolkar states that the costs for such
restoration will then be recovered from the concerned parties following
law.
6. We accept Mr Priolkar's statement and direct the Goa Coastal
Zone Management Authority to ensure that the above directions dated
10.03.2021 for the restoration of low-lying fields are carried out within
three months from today. The violations were in an eco-sensitive area,
and therefore, it is imperative that the landscape is restored to its
original state as soon as possible.
7. Though we dispose of this Writ Petition with these directions, we
direct the Member Secretary of Goa Coastal Zone Management
Authority to file a compliance report in this Court by 10.06.2025, with
an advance copy to the learned Counsel for the Petitioner.
8. The Petition is disposed of in the above terms with no order for
costs. All concerned to act on an authenticated copy of this order.
M. S. SONAK, J. CHIEF JUSTICE
11th March 2025
