Green Space (Ngo) Rep. By Lakki Bairwa v. State Of Goa, Thr. Its Chief Secretary And 7 ORS

2025:BHC-GOA:91-DB Amrut

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.678 OF 2024 GREEN SPACE (NGO) REP. BY LAKKI BAIRWA ... PETITIONER

Versus

STATE OF GOA, THR. ITS CHIEF SECRETARY AND 7 ORS ... RESPONDENTS Mr. Sagar Dhargalkar and Mr A. Pawar, Advocates for the Petitioner. Ms Maria Correia, Additional Government Advocate for Respondent nos. 1, 2, 3, 4 and 8.

Mr Manish Salkar, Advocate for Respondent No.5. Mr P. A. Kamat, Advocate for Respondent No.6. Mr P. Kakodkar, Advocate for Respondent No.7. CORAM:- M. S. KARNIK & NIVEDITA P. MEHTA, JJ.

DATED :- 23rd January, 2025 P.C.:

This petition is filed for directions to the respondents to initiate action against the operation of the bar and restaurant which is run in the name and style of "Govekar wine shop" and "Bombay blues bar and Kitchen" by respondent No.7 in the property bearing Survey No.250/0 of Village Anjuna, Bardez Goa.

2. Learned counsel for the petitioner submits that all commercial activities will have to be stopped as the said wine shop

and bar is falling within 100 metres of the school.

3. Mr Kamat, learned counsel appearing for respondent No.6-Village Panchayat of Anjuna-Caisua, made a statement that the show cause notice has already been issued to respondent No.7 and inspection has been carried out. Learned counsel for respondent No.7 whilst opposing this petition submitted that the inspection was not properly carried out. In order to establish their case, reply has been filed to the show cause notice and inspection report. The show cause notice shall obviously be decided and taken to its logical conclusion in accordance with law after hearing all concerned. As the show cause notice has been issued and inspection has been carried out, this petition is disposed of by directing respondent No.6 to decide the show cause notice expeditiously and take it to its logical conclusion within a period of six weeks in accordance with law. If respondent No.6 is of the opinion that the commercial activities are illegally carried out, appropriate directions be issued to respondent No.7 in terms of the provisions of law for stopping the commercial activities.

4. Learned counsel for respondent No.7 submitted that a reply had already been filed to the show cause notice along with all permissions/licenses as respondent No.7 claims that the activities are carried on in terms of the valid permissions/licenses. The show cause notice has to be decided on its own merits and in accordance with law within the aforesaid period. All contentions are kept open.

5. Respondent No.5-GSPCB in addition to look into the complaint made by the petitioner and take appropriate action in accordance with law. The petition is disposed of. No costs. NIVEDITA P. MEHTA, J.

M. S. KARNIK, J.

Signed by: AMRUT NAGESH TARI Designation: Personal Assistant Date: 24/01/2025 15:37:40