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Bombay High CourtMCA/68/2018disposed of

Anthony De Sa And ANR., v. State Of Goa, Through The Chief Secretary And 8 ORS.,

2018-04-26Hon'Ble Shri Justice N. M. Jamdar,Hon'Ble Shri Justice Prithviraj K. Chavan3 pages

1 mcas68,69-18-26-04-18 Santosh IN THE HIGH COURT OF BOMBAY AT GOA MISC. CIVIL APPLICATION NO.68 OF 2018 IN PIL WRIT PETITION NO.6 OF 2013.

WITH MISC. CIVIL APPLICATION NO.69 OF 2018 IN PIL WRIT PETITION NO.10 OF 2013.

Anthony de Sa & Anr.

..... Applicants.

V/s.

State of Goa, through Chief Secretary and another.

...... Respondents.

Mr. S. S. Kantak, Senior Advocate with Mr. Abhijit Kamat, Advocate for the Applicants in both the Applications.

Mr. Gaurang Panandikar, Advocate for the original Petitioner in PILWP No.6/2013.

Mr. Nigel Da Costa Frias, Advocate for the original Petitioner in PILWP No.10/2013.

Coram : N.M. Jamdar & Prithviraj K. Chavan, JJ.

Date : 26 April 2018.

P.C.:

By these Applications, the Applicants have sought extension of the status quo.

2 mcas68,69-18-26-04-18

2. By an order dated 31 July 2017, taking cognizance of a Public Interest Petition, the Division Bench had set aside the permissions granted by Respondent No.2-Goa Coastal Zone Management Authority and had granted six months' time to the Applicants to approach the Authorities and status quo was granted. What was the status quo, was explained in para 19 of the decision.

3. The learned Senior Advocate for the Applicants submits that the Applicants have taken steps to approach the Authorities. However, in the 41st Meeting of the Goa State Environment Impact Assessment Authority, the Authority has expressed certain difficulties in respect of the proposal of the Applicants. The learned Senior Advocate for the Applicants submits that against this decision of the Goa State Environment Impact Assessment Authority, the Applicants will have to approach the concerned Authority and seek continuation of the status quo for a period of four weeks for that purpose. 4.

Accepting this request of the learned Senior Advocate for extension of time to approach the Appropriate Authority, we dispose of the Applications by extending the interim order which is granted in these Applications on 31 January 2018, for a period of four weeks from today. The Applicants, if approach the Appropriate Authority, will make the original Petitioners as party Respondents.

3 mcas68,69-18-26-04-18 5.

The Civil Applications are disposed of.

6.

At this stage, the learned Senior Advocate for the Applicants submits that instead of four weeks' period may it be six weeks. Considering that this is as a final request for extension, we extend the the period to six weeks.

Prithviraj K. Chavan, J.

N.M. Jamdar, J.