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Bombay High CourtWP/248/2025disposed of

Maria Antonette Fernandes v. The Member Secretary, The Goa Coastal Zone Management Authority

2025-07-03Hon'Ble Shri Justice Valmiki Menezes3 pages

2025:BHC-GOA:1096 Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.248 OF 2025 MARIA ANTONETTE FERNANDES ... PETITIONER

Versus

THE MEMBER SECRETARY, THE GOA COASTAL ZONE MANAGEMENT AUTHORITY ... RESPONDENT Mr. Balkrishna Sardessai with Ms. Vibha Patkar, Advocates for the Petitioner.

Mr. Shubham Priolkar, Additional Government Advocate for the Respondent.

CORAM:- VALMIKI MENEZES, J.

DATED :- 3rd July, 2025 P.C.:

1. Registry to waive objections and register the matter.

2. This is a petition challenging the decision of the Goa Coastal Zone Management Authority (GCZMA) dated 08.05.2025, directing the demolition of certain structures alleged to have been constructed by the Petitioner in the Survey Nos. 128/1, 2, 3, 4, 5, 6, 7, 8, 13, 14, 15, and 16 of the village of Anjuna.

3. The main contention raised in the petition was that the decision was taken by the GCZMA in its 399th meeting dated 16.05.2024, but

this decision by the Member Secretary and the authority was re-instituted in December 2024, after which the decision was communicated to the Petitioner.

4. Whatever may be the grounds of challenge, considering that there is an alternate and efficacious remedy under Section 16 of the Green Tribunal Act, 2010, by way of Appeal before the National Green Tribunal (NGT), the present petition could not be maintained on that ground alone. This petition has been otherwise filed within a period of limitation under the Act, but considering the fact that it has been rejected on maintainability, the Petitioner can approach the NGT. If there is any other delay that was caused by the filing of this petition, the NGT may consider the same and pass its orders based on these facts.

5. The learned Advocate for the Petitioner on instructions submits that he would present an Appeal before the NGT, within a week from today. He submits that the demolition shall be executed, in the meantime, rendering her Appeal infructuous.

6. Considering these circumstances, the GCZMA shall not execute the impugned order for a period of 15 days from today.

7. The Petition is dismissed.

8. All concerned to act on an authenticated copy of this order. VALMIKI MENEZES, J.