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Bombay High CourtWP/471/2024dismissed

Judith Rodrigues v. State Of Goa Thr Its Chief Secretary And 11 ORS

2025-04-08Hon'Ble Smt. Justice Bharati Dangre,Hon'Ble Ms Justice Nivedita P. Mehta2 pages

WP 471 of 2024 Niti

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.471 OF 2024 JUDITH RODRIGUES ... PETITIONER

Versus

STATE OF GOA THR ITS CHIEF SECRETARY AND 11 ORS ... RESPONDENTS Mr D. Zaveri (through VC) with Mr Nehal Govekar, Advocates for the Petitioner.

Ms Sapna Mordekar, Additional Government Advocate for Respondent Nos.1 to 4.

Mr Kapil Kerkar, Advocate for Respondent No.5. Mr Manish Salkar, Advocate for Respondent No.6. CORAM:- BHARATI DANGRE & NIVEDITA P. MEHTA, JJ.

DATED :- 8th April, 2025 P.C.:

In continuation of the order dated 18.03.2025 so as to appraise us about the progress of the proceedings before the National Green Tribunal (NGT), a judgment pronounced on 02.04.2025 by the NGT Western Zone Bench, Pune in Appeal No.143/2024(WZ) filed by Mr Vernon Rodrigues - respondent no.5 is placed before us.

2. The said judgment has rejected the appeal as well as the interim application by expressing the opinion that there is no force in the contention raised on behalf of the appellant and the appellant could not 8th April, 2025

WP 471 of 2024 establish that the structure in question existed prior to the year 1991.

3. In the wake of the aforesaid decision, it is open for respondent no.5 to take such steps which are available to him, including the appeal before the higher Court. However, since the order dated 21.03.2024 passed by the GCZMA has now been upheld by the NGT, the orders are permitted to be executed.

4. Since the petition has served its purpose, the same is disposed of. NIVEDITA P. MEHTA, J.

BHARATI DANGRE, J.

Signed by: NITI KISHOR HALDANKAR Designation: Private Secretary Date: 09/04/2025 17:33:31 8th April, 2025