Prasad Sandeep Chimulkar And ANR. v. State Of Goa Thr. Chief Secretary And 2 ORS.

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 740 OF 2016 PRASAD SANDEEP CHIMULKAR AND ANR.

... Petitioner

Versus

STATE OF GOA THR. CHIEF SECRETARY AND 2 ORS.

... Respondent Mr. Shivan Desai, Advocate for the Petitioner. Mr. S. D. Lotlikar, Advocate General with Mr. Deep Shirodkar, Addl. Government Advocate for the Respondents. Coram:- F. M. REIS & NUTAN D. SARDESSAI, JJ.

Date:- 3rd August, 2016 P.C.

Heard Shri Shivan Desai, learned Counsel appearing for the Petitioner and Mr. S. D. Lotlikar, learned Advocate General appearing for the Respondents.

2. After hearing the matter for sometime, it was pointed out to the learned Counsel appearing for the Petitioner that the Petitioner has an efficacious alternate remedy to challenge the Order passed by the GCZMA before the National Green Tribunal in terms of Section 16 of The National Green Tribunal Act, 2010, which was not disputed.

3. Hence, as the Petitioner has an efficacious alternate remedy, which is undisputed, we find that no case is made out for interference under Articles 226 and 227 of the Constitution of India in the facts

WP/740/2016 and circumstances of the present case. The Petitioner, if so advised, may avail of such alternate remedy in accordance with law.

4. Petition stands disposed of accordingly. All contentions of the Petitioner are left open.

NUTAN D. SARDESSAI, J.

F. M. REIS, J.

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