Alex Fernandes., v. The Member Secretary, Goa Coastal Zone Management Authority And 2 ORS.,

1 WP no.448/2019 & connected matters

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITIONS NO.448/2019, 456/2019, 462/2019, 463/2019, 464/2019, STM No.1871/2019, 1873/2019, 1878/2019, 1881/2019, 1898/2019, 1899/2019, 1900/2019, 1901/2019, 1902/2019, 1903/2019, 1904/2019, 1905/2019 & 1907/2019 WRIT PETITION NO.448/2019 Godwin Fernandes Member Secretary, Goa Coastal Zone Management Authority & Ors.

Mr. V. Menezes and Ms. S. Narvekar, Advocates for the petitioner. Additional Government Advocate for Respondents No.1 to 5. WRIT PETITION NO.456/2019 Mark Ephrem Fernandes Goa Coastal Zone Management Authority & Ors.

Mr. Kaif Noorani, Advocate for the Petitioner. Additional Government Advocate for Respondent No.5. WRIT PETITION NO.462/2019 La Cabana Beach & Spa Goa Coastal Zone Management Authority & Ors.

Mr. Sarvesh Malyekar, Advocate for the petitioner.

2 WP no.448/2019 & connected matters Additional Government Advocate for Respondents No.1 to 3. WRIT PETITION NO.463/2019 Neil Fernandes Goa Coastal Zone Management Authority & Ors.

Mr. A.D. Bhobe, Advocate for the petitioner.

Additional Government Advocate for Respondents No.1 to 3. WRIT PETITION NO.464/2019 Alex Fernandes The Member Secretary, Goa Coastal Zone Management Authority & Ors.

Mr. Nikhil A. Vaze & Mr. Luis Fernandes, Advocate for the Petitioner. Mr. D.J. Pangam, Advocate General and Ms. Priyanka Kamat, Additional Government Advocate for Respondents No.1 to 3. STM 1871/2019 All Goa Pvt. Property Shack / Hut Owners Association ... Petitioner V/s.

...Respondents

Mr. J. Abreu Lobo, Advocate for the petitioner. Additional Government Advocate for the respondents.

3 WP no.448/2019 & connected matters STM No. 1873/2019 Jaydeep Rajebhosle ... Petitioner V/s.

...Respondents

Ms. V. Mendonca h/f. Shri Chaitanya Padgaonkar, Advocate for the petitioner.

Additional Government Advocate for respondents No.1, 2, 3, 4 and 5. STM No. 1878/2019 Lezri Daniel D'Souza ... Petitioner V/s.

...Respondents

Ms. V. Mendonca h/f. Shri Chaitanya Padgaonkar, Advocate for the petitioner.

Additional Government Advocate for respondents No.1, 2, 3, 4 and 5. STM No.1881/2019 Caridad G. D'Souza Mr. Amey Phadte, Advocate for the Petitioner. Mr. D.J. Pangam, Advocate General with Mr. Pravin Faldessai, STM No.1898/2019 Malcolm Simon D'Souza

4 WP no.448/2019 & connected matters Mr. Amey Phadte, Advocate for the Petitioner. Mr. D.J. Pangam, Advocate General with Mr. Pravin Faldessai, STM No.1899/2019 Annie Any Anna Fernandes Mr. Amay Phadte, Advocate for the Petitioner. Mr. D.J.Pangam, Advocate General with Mr. Arun A. S. Talaulikar,Additional Government Advocate for Respondents No.1 to 4.

STM No.1900/2019 Conceisao Mendes Naronha Mr. Amay Phadte, Advocate for the Petitioner. Mr. D.J. Pangam, Advocate General with Mr. Arun Talaulikar, STM No.1901/2019 Sharad P. Harmalkar Mr. Amay Phadte, Advocate for the Petitioner.

5 WP no.448/2019 & connected matters STM No.1902/2019 Ketaki Dharma Morje Mr. Amay Phadte, Advocate for the Petitioner. Mr. D.J. Pangam, Advocate General with Ms. Priyanka Kamat, STM No.1903/2019 Jose Valentino De Souza Mr. Amay Phadte, Advocate for the Petitioner. Additional Government Advocate for Respondents No.1,2,3, and 4. STM No.1904/2019 Violeta Maria Fernandes Mr. Amay Phadte, Advocate for the Petitioner. Mr. D.J. Pangam, Advocate General with Ms. Neha Kholkar, STM No.1905/2019 Laxmikant Morje

6 WP no.448/2019 & connected matters Mr. Amay Phadte, Advocate for the Petitioner. Mr. D.J. Pangam, Advocate General with Mr. Arun A.S. Talaulikar, AND STM No.1907/2019 Piuru Luis D'Souza Mr. Amay Phadte, Advocate for the Petitioner. Mr. D.J. Pangam, Advocate General with Ms. Neha Kholkar, Coram :- S. C. GUPTE & NUTAN D. SARDESSAI, JJ.

Date:- 28th June 2019 P.C.:

These Writ Petitions challenge demolition orders passed by Goa Coastal Zone Management Authority (GCZMA). The grievance of the petitioners before the Court is that the demolition orders were passed without complying with due process of law or following principles of natural justice. During the pendency of these petitions, in response to what transpired in Court in some other matter, the respondent issued Show Cause Notices to all the petitioners, who had complained of illegalities of the demolition orders passed in their cases. In pursuance of the Show Cause Notices, the petitioners have

7 WP no.448/2019 & connected matters appeared before the respondent and have shown cause. Considering the grievance of the petitioners, voiced across the bar at the hearing of the petitions, that they did not have a proper opportunity to present their case, this Court suggested that all the petitioners and their stakeholders who proposed to show further cause, can do so by filing written representation in furtherance of what they have already submitted before the respondent, whereafter final orders can be passed by the respondent on the Show Cause Notices. This suggestion was fairly accepted by petitioners on the one hand and by learned Advocate General on the other. Learned Advocate General states that the original demolition orders which are subject matters of challenge in these petitions may be treated as cancelled and withdrawn.

2.

The petitions are accordingly disposed of by reserving liberty to the petitioners to make written representations to the respondent within a period of two weeks from today. Respondent No.1 shall pass final orders on the Show Cause Notices after considering such representations. It is also agreed by the respondents that, in the event, the orders to be passed on the Show Cause Notices are adverse to the petitioners, they shall not be enforced for a period of 15 days from the communication of the orders. The statements of all

8 WP no.448/2019 & connected matters parties are accepted and the petitions are disposed of in the above terms.

NUTAN D. SARDESSAI, J.

S. C. GUPTE, J.

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