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Bombay High CourtWP/292/2018disposed of

Linet Nunes., v. Goa State Polluction Control Board, Panaji And 2 ORS.,

2018-03-27Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 292 OF 2018 LINET NUNES., ... Petitioner

Versus

GOA STATE POLLUCTION CONTROL BOARD, PANAJI AND 2 ORS., ... Respondents Shri Shivan Desai, Advocate for the Petitioner. Shri P. Dagui, Government Advocate for the Respondent Nos.1 and 2.

Respondent No.3 in person.

Coram:- NUTAN D. SARDESSAI, J.

Date:- 27th March 2018 P.C.

The main plank of objection on behalf of respondent no.3 is that the Hon'ble Green Tribunal by its order dated 22.09.2017 had granted three weeks time from that date to the petitioner herein to produce the NOC before the respondent nos.1 and 2. It was the contention of the respondent no.3 that the petitioner not having adhered to the time frame, he ought to have moved the learned NGT for enlargement of time and remedy was not available to him before this Court. However, the respondent no.3 and for that matter Shri P. Dangui, learned Government Advocate for the respondent nos.1 and 2 were not able to substantiate how despite such an order there was enlargement of time granted by the respondent no.1 on two occasions to the

WP/292/2018 petitioner to produce the NOC.

2. Without going into the other modalities, and confining the petitioner to the production of the NOC alone and the order of the revisional authority before the respondent no.2 and keeping all other contentions of the respondents and the petitioner open before the respondent no.2, the impugned order is quashed and set aside.

3. Petition stands disposed off accordingly. NUTAN D. SARDESSAI, J.

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