John Caridade Dsouza And ANR v. The State Of Goa, Thr. The Chief Secretary And 4 ORS

906-WP-174-23.DOC Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 174/2023 JOHN CARIDADE DSOUZA & ANR ..... Petitioners.

Versus

THE STATE OF GOA, THR.THE CHIEF SECRETARY AND 4 ORS ..... Respondents. Mr Chaitanya P. Padgaonkar, Advocate for the Petitioners. Mr D.J. Pangam, Advocate General with Ms Maria Correia, Addl. Govt. Advocate for Respondent No.1.

Mr Terence Sequeira, Advocate for Respondent No.2. Mr Pavithran A.V., with Mr P.R. Kholkar, Advocates for Respondent No.3.

Mr A.D. Bhobe with Ms Annelise Fernandes, Advocates for Respondent No.4.

Ms Swapna Joshi, Advocate for Respondent No.5.

CORAM:

M. S. SONAK & BHARAT P. DESHPANDE, JJ.

DATED :

27TH SEPTEMBER 2023 P.C. :

1.

Heard Mr Chaitanya Padgaonkar for the Petitioners, Mr D.J. Pangam, learned Advocate General who appears along with Ms Maria Correia, Addl. Govt. Advocate for Respondent No.1, Mr Terence Sequeira for Respondent No.2, Mr Pavithran A.V., for Respondent No.3, Mr A.D. Bhobe for Respondent No.4 and Ms Swapna Joshi for Respondent No.5.

2.

Te grievance, in this Petition, is with regard to the show cause notices, both dated 7th January 2023, issued by Respondent 27/09/2023

906-WP-174-23.DOC No.2-Village Panchayat, which have not yet been disposed of by the Village Panchayat.

3.

Mr Padagaonkar, learned Counsel appearing for the Petitioners submits that the show cause notice issued by the Goa State Pollution Control Board (GSPCB) is not required to be considered, as the GSPCB has granted consent to operate the fabrication workshop in favour of Respondent No.5. 4.

Tus, the only question which requires to be considered is the time limit, within which the show cause notices issued by the Village Panchayat, would be disposed of.

5.

Mr T. Sequeira, learned Counsel appearing for Respondent No.2-Village Panchayat submits that both the show cause notices will be disposed of within a period of four weeks from today by giving an opportunity of hearing to the Respondents No. 4 and 5 and the Petitioners. Te statement is accepted. Respondent No.2Village Panchayat is, therefore, directed to dispose of both the show cause notices within a period of four weeks from today and, in accordance with law.

6.

All other contentions of the respective parties are kept open.

7.

Te Petition is disposed of in the above terms. Tere shall be no order for costs.

BHARAT P. DESHPANDE, J. M. S. SONAK, J. 27/09/2023 SANTOSH S MHAMAL SANTOSH S MHAMAL Date: 2023.09.27 16:52:00 +05'30'