Thomas Fernandes And ANR v. The Goa State Coastal Zone Management Authority, Thr. Its Member Secretary And 2 ORS

Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO. 203/2023 IN WRIT PETITION NO. 121/2019 THOMAS FERNANDES AND ANR ... Applicants.

Versus

THE GOA STATE COASTAL ZONE MANAGEMENT AUTHORITY, THR. ITS MEMBER SECRETARY AND 2 ORS

...Respondents.

Mr Jitendra Supekar with Mr S. Sayed, Advocates for the Applicants.

Mr Shubham Priolkar, Addl. Govt. Advocate for Respondents no.1 and 2.

WITH MISC. CIVIL APPLICATION NO. 1305/2023(F) IN WRIT PETITION NO. 93/2019 SERGIO DIAS .... Applicant.

Versus

THE GOA STATE COASTAL ZONE MANAGEMENT AUTHORITY, THR. ITS MEMBER SECRETARY AND 2 ORS .... Respondents. Mr Shivan Desai with Mr A. Sardessai, Advocates for the Applicant.

Mr Shubham Priolkar, Addl. Govt. Advocate for Respondents no.1 and 2.

CORAM :

M. S. SONAK, J.

DATE :

23rd June 2023

P.C. :

1.

Both these Applications seek modification of a common Judgment and Order dated 3rd February 2023, by which the Petitioners were relegated to avail the remedy before the National Green Tribunal under the provisions of the National Green Tribunal Act, 2010.

2.

Te order dated 3rd February 2023 had clarified that should the Petitioners institute proceedings before the National Green Tribunal within three weeks, the Tribunal would consider that the Petitioners were bona fide pursuing their grievances before this Court and entertain their Appeals on merits. 3.

Te Petitioners, accordingly, instituted their Appeals before the National Green Tribunal within three weeks. However, on 24/4/2023, the Tribunal made the following order : "1. After having heard the learned Counsel for the Appellant for some length of time, the learned Counsel prays for some time to be allowed to them to seek clarification from the Hon'ble High Court of Bombay at Goa, as to whether the period of delay i.e. 1490 days needs to be excluded for calculation of the period of limitation because this matter remains pending before the Hon'ble High Court for consideration.

2. As prayed, Registry is directed to put up this matter on 21.07.2023. Interim order shall continue."

4.

In Te Goa Foundation Vs. Te National Green Tribunal, Principal Bench and ors. - PIL Writ Petition No.4/2022, disposed of by a Full Bench of this Court on 21st September 2022, vide paragraph 41, it is noted that until 4th January 2022, following the Supreme Court order dated 31st January 2018, there was no available Bench for the Western Zone. Even, otherwise, the learned Counsel for the Petitioners point out that there was no regular Bench available for the Western Zone for the period from 31/1/2018 to 4/1/2022. Te learned Counsel point out that therefore, the Petitioners had to institute writ petitions before this Court in January 2019.

5.

Considering the above position, it is clarified that the period of 1447 and 1490 days respectively, needs to be excluded for calculating the period of limitation because, during these periods, the matters remained pending before this Court. 6.

Accordingly, the order dated 3rd February 2023 stands modified to this extent.

7.

Both the Misc. Civil Applications are disposed of in the above terms.

M. S. SONAK, J.

SANTOSH S MHAMAL Date: 2023.06.26 10:28:04 +05'30'

SANTOSH S MHAMAL