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Bombay High CourtWP/74/2018disposed of

John B. Pereira., v. Goa Coastal Zone Management Authority, Thr. Its Member Secretary And 3 ORS.,

2018-01-16Hon'Ble Shri Justice Shantanu S. Kemkar,Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 74 OF 2018 JOHN B. PEREIRA., ... Petitioner

Versus

GOA COASTAL ZONE MANAGEMENT AUTHORITY, THR. ITS MEMBER SECRETARY AND 3 ORS., ... Respondents Mr. Devidas J. Pangam, Advocate for the petitioner. Mr. Amir Jamadar, Additional Govt. Advocate for respondents No.1 to 3.

Coram:- SHANTANU S. KEMKAR & NUTAN D. SARDESSAI, JJ.

Date:- 16th January 2018 P.C.:

Parties through their Counsel.

2. At the outset, it has been submitted by the learned Counsel appearing for the parties that this petition may be disposed of in terms of the order dated 5th December, 2017, passed by a Division Bench of this Court in the case of Lakawa Harijan & 23 ors.vs. Goa Coastal Zone Management Authority and ors., (Stamp Number (Main) No.1353 of 2017, as also the order in the case of Baina Ramponkar & Fishing Canoe Owners' Society vs. Goa Coastal Zone Management Authority and ors., (Stamp Number (Main) No.4000/2017), passed on 20th

WP/74/2018 December 2017.

3. Keeping in view the aforesaid, we dispose of this petition, with liberty to the petitioner to approach the National Green Tribunal. In case the petitioner approaches the National Green Tribunal within two weeks from today, the National Green Tribunal shall not dismiss the petitioner's appeal on the ground of limitation and shall consider the same in terms of the directions contained in the said two orders.

4. Status quo as it exists in respect of the structure in question, shall be maintained by the parties till the National Green Tribunal passes further orders on the prayer for interim relief.

5. The petition is disposed of.

NUTAN D. SARDESSAI, J.

SHANTANU S. KEMKAR, J.

ssm.