The Chicalim Villagers Action Committee Thr. Its Members Ms. Mary Da Costa And 3 ORS., v. The State Of Goa Thr. Its Chief Secretary And 6 ORS.,

:1: PIL WP NO. 11 OF 2014

IN THE HIGH COURT OF BOMBAY AT GOA

PUBLIC INTEREST LITIGATION WP NO. 11 OF 2014 The Chicalim Villagers Action Committee through its members

1. Ms. Mary Da Costa Age : 47 years, Address : H. No. 131, Near St. Anthony Chapel Fondiem, Chicalim, Mormugao, Goa.

PAN No : BCCPD3183N Tel. No. : 2541301/9923579906 Occupation : Service Annual Inc. : 1,00,000-00 E-mail :

Nil Nat Unique Iden No: 6782 6062 5727

2. Mr. Inacio Caetano Fernandes Age : 58 yrs.

Address : H.No.163/B-1, Penta, Nr. V. P. Office, Chicalim- Mormugao Goa.

PAN No. : ABDPF2159H Tel.No. : 9922823775 Occupation : Farmer Annual Inc : 24,000-00 E-mail : Nil Nat Unique Iden No.: 9042 9315 9318

3. Mr. Rui Manuel Da Costa Araujo Age : 50 yrs.

Address : H.No. 118, Gina, Chicalim-Mormugao-Goa 403 711 PAN No. : AVBPS1303G Tel. No. : 2540943/9850458478 Occupation : Agriculturist Annual Inc. : 2,75,000-00 E-mail : ruicosara@rediffmail.com Nat Unique Iden No.: 8342 1676 2027

4. Mr. Jose Antonio Magno D'Costa Age : 44 yrs.

Address : H.No.132/1, Assoy Chicalim - Mormugao - Goa 403 711

:2: PIL WP NO. 11 OF 2014 PAN No. : AUUPD9713F Tel. No. : 2541328/9822124498 Occupation : Service Annual Inc. : 2,00,000-00 E-mail : iamesdcosta@hotmail.com Nat Unique Iden No. : 8905 9948 1956 ... Petitioners V e r s u s

1. The State of Goa, through its Chief Secretary, Government of Goa, Secretariat, Porvorim, Bardez Goa.

2. The Village Panchayat of Chicalim, Through its Secretary, Chicalim Goa.

3. The Mormugao Port Trust (MPT) Through its Chairman Headland Sada, Goa.

4. The Goa State Pollution Control Board, Through its Member Secretary having office at Dempo Towers, Patto, Panaji Goa.

5. The Goa Coastal Zone Management Authority, Through its Member Secretary, Saligao, Bardez Goa.

6. The Goa State Biodiversity Board Through its Member Secretary Saligao Goa.

7. Shri Uday K. Naik, major of age, Proprietor of M/s Abhishek Engineers r/o Karma Empress 5 to 15.

1st Floor, Opp. Laksh Jyot Complex, Nr. KTC Bus stand, Vasco da Gama, Goa.... Respondents

:3: PIL WP NO. 11 OF 2014 Mr. Nigel Da Costa Frias, Advocate for the petitioners. Mr. A. N. S. Nadkarni, Advocate General with Mr. Dattaprasad Lawande, Government Advocate for respondent nos.1 & 5. Mr. Z. D'Souza, Advocate for the respondent no.2. Mr. Y. Nadkarni, Advocate for the respondent no.3. Mr. N. Sardessai, Senior Advocate with Mr. Rohit Bras De Sa, Advocate for the respondent no.7.

Coram:- F. M. REIS & K. L. WADANE, JJ Date :- 24 th February, 2015 ORAL JUDGMENT ( Per F. M. Reis, J) Heard Mr. Nigel Da Costa Frias, learned counsel appearing for the petitioners, Mr. A. N. S. Nadkarni, learned Advocate General appearing for the respondent nos.1 & 5, Mr. Z. D'Souza, learned counsel appearing for the respondent no.2, Mr. Y. Nadkarni, learned counsel appearing for the respondent no.3 and Mr. N. Sardessai, learned Senior Counsel appearing for the respondent no.7.

2.

Rule. Heard forthwith with the consent of the learned counsel.

3. The learned counsel appearing for the respective

:4: PIL WP NO. 11 OF 2014 respondents waive service.

4.

The above PILWP inter-alia has been filed by the petitioners contending that there was a reclamation of riverine land at Dabolim village by the private respondent no.7. This Court by an interim order dated 01.12.2014 had inter-alia directed the respondent no.7 to maintain status quo with regard to the subject matter in dispute. Subsequently, the Local Panchayat filed an affidavit on 13.02.2015 along with a resolution and the show cause notice dated 13.02.2015 served on the private respondent no.7 with regard to the subject dispute. The GCZMA - respondent no.5 herein have also produced a show cause notice dated 18.02.2015 served on the respondent no.7 with regard to the subject matter in dispute. It is also not in dispute that the respondent no.5 has also issued a stop work order against the private respondent dated 12.02.2015 which is admittedly still in operation. 5.

Taking note of the grievances raised by the petitioners which were essentially that no action was taken by the concerned authority with regard to the activities of reclamation of riverine land, we find that as action has been initiated by the respondent nos. 2 and 5 against the private

:5: PIL WP NO. 11 OF 2014 respondent no.7, the grievances of the petitioners have been substantially redressed at present. Needless to say that the respondent nos.2 and 5 shall proceed to decide and/or take action, if any, in terms of the said two notices dated 13.02.2015 and 18.02.2015 as expeditiously as possible after hearing all the parties in accordance with law.

6.

At this stage, Mr. N. Sardessai, learned Senior Counsel appearing for the respondent no.7 upon instructions states that the respondent no.7 will abide with the stop work order dated 12.02.2015 until the final disposal of the show cause notice dated 18.02.2015 issued by respondent no.5. Accepting the said statement of Mr. N. Sardessai, the learned Senior Counsel appearing for the respondent no.7 as well as the statement of Mr. Nadkarni, learned Advocate General appearing for the GCZMA and Mr. Z. D'Souza, learned counsel appearing for the respondent no.2 that the said action initiated by the said respondent would be taken to its logical conclusion in accordance with law, we dispose of the above Writ Petition. We expect the authorities concerned to proceed with the show cause notice as expeditiously as possible within three months from today. The petitioners, if so advised, are at liberty to intervene in such proceedings before the respondent no.5. Rule

:6: PIL WP NO. 11 OF 2014 stands disposed of accordingly. All contentions of both the parties on merits are left open. The petition stands disposed of in above terms with no order as to costs.

K. L. WADANE, J F. M. REIS, J at*