The Goa Foundation, Thr. Its Secretary, Dr. Claude Alvares And 5 ORS v. Central Electricity Authority, Thr. Its Director And 7 ORS

2025:BHC-GOA:1029-DB PILWP 38 of 2022 Andreza

IN THE HIGH COURT OF BOMBAY AT GOA

PUBLIC INTEREST LITIGATION WP NO.38 OF 2022 THE GOA FOUNDATION, THR. ITS SECRETARY, DR. CLAUDE ALVARES AND 5 ORS ... PETITIONER

Versus

CENTRAL ELECTRICITY AUTHORITY, THR. ITS DIRECTOR AND 7 ORS ... RESPONDENTS Ms.Norma Alvares, Senior Advocate (through VC) with Mr. Om D'Costa, Advocate for the Petitioner.

Mr. D. Pangam, Advocate General with Mr. Prashil Arolkar, Additional Government Advocate for the Respondent nos. 3, 5, 6 and 7.

Mr. Raviraj Chodankar, Central Government Standing Counsel for Respondent nos. 1 2 and 4.

Mr. Gauravvardhan Nadkarni, Advocate for Respondent no. 8. CORAM:- BHARATI DANGRE & NIVEDITA P. MEHTA, JJ.

DATED :- 25th June, 2025 P.C.

In continuation of the Order passed by us on 19.06.2025 by taking into consideration an affidavit filed on 18.06.2025 praying for disposal of the Public Interest Litigation, in the wake of the decision of the Apex Court in the case of Lafarge Umiam Mining Pvt. Ltd. vs. Union of India [(2011) 7 SCC 339], by keeping the issues open to be agitated in a suitable case as and when occasion arises, we had asked Mr. Nadkarni to take instruction. On an affidavit being filed, clearly 25th June, 2025

PILWP 38 of 2022 stating that the Petitioner's challenge to the Central Electricity Authority Order and the grievance opposing the HTL traversing Bhagwan Mahavir Sanctuary is not being met and, therefore, by keeping this issue open for the Petitioner to take it up in an appropriate case if an occasion arises, the Petition is sought to be withdrawn. We had asked Mr. Nadkarni to take instructions who categorically makes a statement that the forest clearance have already been withdrawn.

2. In the wake of the aforesaid, we dispose of the Public Interest Litigation in the wake of the affidavit filed by the Petitioner by reserving the liberty as prayed for.

Public Interest Litigation stands disposed off. NIVEDITA P. MEHTA, J.

BHARATI DANGRE, J.

Signed by: ANDREZA RODRIGUES EPEREIRA Designation: Senior Private Secretary to the Hon'ble Judge Date: 26/06/2025 10:47:21 25th June, 2025