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Bombay High CourtWP/508/2016dismissed

Cansaulim Arrossim Cuelim, Rep. By Its Vice President Dr. Marconi Correia And ANR., v. M/S. Competent Automobiles Ltd., Rep. By Its Signatory Mr. Amit, Gupta And ANR.,

2017-08-09Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 508 OF 2016 CANSAULIM ARROSSIM CUELIM, REP. BY ITS VICE PRESIDENT DR. MARCONI CORREIA AND ANR., ... Petitioners

Versus

M/S. COMPETENT AUTOMOBILES LTD., REP. BY ITS SIGNATORY MR. AMIT, GUPTA AND ANR., ... Respondents Shri Ryan Da Piedade Menezes, Advocate for the Petitioners. Shri Dhruv Mehta, Senior Advocate with Shri Abhijit Gosavi, Advocate for the Respondent No.1.

Shri Zeller De Sousa, Advocate for the Respondent No.2. Coram:- NUTAN D. SARDESSAI, J.

Date:- 9th August, 2017 P.C.:

In view of the environmental clearance granted by the Ministry of Environment and Forest (MOEF), this petition too would not survive and in view thereof the same is dismissed as infructuous.

2. Shri R. Menezes, learned Advocate for the petitioner however contends that the revision petition assailing the order of the Director of Panchayats is at large before the District Court, South Goa in revison. He seeks liberty to agitate all the points before the learned District Judge in the said revision petition.

WP/508/2016

3. Shri Dhruv Mehta, learned Senior Counsel for the respondent no.1 opposes such grant of liberty.

4. Looking however to the nature of the reliefs claimed by him in the petition, such liberty is granted to the petitioner. Besides, Shri R. Menezes, learned Advocate for the petitioner conceded fairly that the order granting environmental clearance to the respondents no.1 by the Ministry of Environment and Forest is assailed before the National Green Tribunal, Western Zone Bench, Pune.

5. Since such remedy is availed of by the petitioner, nothing further survives in the petition which is hereby dismissed. No opinion is expressed whatsoever on the merits of the revision petition filed by the petitioner before the District Court, South Goa, Margao.

6. Ad interim relief to continue for one week with effect from today. Authenticated copy be issued to the parties. NUTAN D. SARDESSAI, J.

NH