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Bombay High CourtWP/852/2018withdrawn

Dr. Suresh Vinayak Nagvenkar., v. State Of Goa, Thr. Chief Secretary And 4 ORS.,

2019-07-09Hon'Ble Shri Justice S. C. Gupte,Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

1 wp852-18dtd.09-07-19 Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.852 OF 2018 Dr. Suresh Vinayak Nagvenkar.

.... Petitioner.

Versus

State of Goa and others.

....

Respondents.

Mr. Shivan Desai, Advocate for the Petitioner. Mr. D. J. Pangam, Advocate General with Ms. M. Correia, Addl. Govt. Advocate for Respondent Nos. 1 to 5.

Ms. Norma Alvares, with Mr. Sivagnanam K., Advocates for the Intervenors.

Coram : S.C. Gupte & Nutan D. Sardessai, JJ.

Date : 9th July, 2019.

P.C. :- This Petition challenges an order passed by Respondent Nos. 2 to 4 on the basis of identification of the Petitioner's land as private forest by a State Level Expert Committee headed by Dr. Karapurkar and refusing an NOC for conversion of user of land from agricultural to non-agricultural purpose on that basis.

2. Learned Advocate General appearing for Respondent-State informs the Court that in pursuance of an order passed by the National Green Tribunal, Principal Bench, New Delhi the Government was carrying on an exercise of verifying the forest areas.

2 wp852-18dtd.09-07-19 It is submitted that the report presented by the Review Committee appointed for the purpose is not accepted by the State Government and that the State is in process of appointing a new verification committee for verifying the forest areas within the State. Learned Counsel for the Petitioner, in the premises, seeks leave to withdraw the Petition, with liberty to challenge the State Government's action in not accepting the extant verification committee's report and entrusting the matter of verification to a new committee, as well as any decision taken by the new committee or by the State after the decision of the Committee, which may be adverse to the Petitioner. 3.

The Petition is dismissed as withdrawn, with liberty as prayed. All rights and contentions of the parties, on merits, are left open.

Nutan D. Sardessai, J. S.C. Gupte, J.