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Bombay High CourtWP/1/2023allowed

The Village Panchayat Of Colva, Thr. Its Secretary, Amol Vaman Tilve v. Goa State Pollution Control Board, Thr. Its Chairman

2023-04-18Hon'Ble Shri Justice M. S. Karnik2 pages

WP 1 of 2023 Andreza

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.1 OF 2023 THE VILLAGE PANCHAYAT OF COLVA, THR. ITS SECRETARY, AMOL VAMAN TILVE ... PETITIONER

Versus

GOA STATE POLLUTION CONTROL BOARD, THR. ITS CHAIRMAN ... RESPONDENT Mr. Anthony D'Silva, Advocate with Ms. Kimberly Gracias, Advocate for the Petitioner.

Mr. Pavithran AV, Advocate for the Respondent.. CORAM:- M. S. KARNIK, J.

DATED :- 18th April, 2023 P.C.

Mr. Pavithran, learned Counsel for the Respondent-Goa State Pollution Control Board, on instructions, fairly states that the Petitioner shall be duly heard and then appropriate orders would be passed.

2. It is an admitted position that the Petitioner was not heard before the impugned Order dated 27.01.2020 came to be passed.

3. The Petition is allowed in terms of prayer clause (a), which 18th April, 2023

WP 1 of 2023 reads thus :

"(a) for a writ of certiorari or any other writ, direction or order in the nature of certiorari quashing and setting aside the impugned order bearing no. 10/1/19-PCB/Legal/17197 dated 27.01.2020 of the Respondent."

4. It is open for the Respondent to pass fresh orders in accordance with law upon hearing the Petitioner and comply with the principles of natural justice.

M. S. KARNIK, J.

ANDREZA PEREIRA PEREIRA Date: 2023.04.18 15:40:26 +05'30'

18th April, 2023