Bombay High CourtMCA/944/2016disposed of

Ramacanta V.S. Velingkar(Dec) Thr. Lrs., v. Ministry Of Environment And Forests (Ia Division) Through Its Director And ANR.,

2016-12-14R. P. Sondurbaldota,Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 944 OF 2016 IN WRIT PETITION NO. 474 OF 2013 RAMACANTA V.S. VELINGKAR(DEC) THR.

LRS., ... Applicant

Versus

MINISTRY OF ENVIRONMENT AND FORESTS (IA DIVISION) THROUGH ITS DIRECTOR AND ANR., ... Respondents Mr. N. Sardessai, Senior Advocate with Ms. Suzette Pereira, Advocate for the applicant.

Mr. D. Lawande, Assistant Solicitor General of India for the respondents.

Coram:- SMT. R. P. SONDURBALDOTA & C. V. BHADANG, JJ.

Date:- 14th December, 2016 P.C.

By the order dated 12th June, 2013, a group of four petitions including W.P. No.624/2012, was disposed off by giving five directions to the parties. The applicant herein seeks disposal of his petition in the same terms with due modifications.

2. Mr. Sardessai, the learned Senior Counsel appearing for the applicant/ petitioner submits that the direction at serial no.(V) of that order, no longer survives. Therefore, the same needs to be deleted. As regards directions no.I and IV, the same need to be modified to state the details of the order impugned herein and the directions for disposal of the proceedings by respondent no.1.

3. Mr. Lawande, the learned Assistant Solicitor General of

MCA/944/2016 India has no objection to the disposal of the writ petition as prayed.

4. Hence, Civil Application is allowed and Writ Petition No.474 of 2013 is finally disposed off with the following directions :

(i)The order dated 13th September, 2012, passed by respondent no.1, is quashed and set aside.

(ii) Respondent no.1 is directed to give personal hearing to the petitioners in respect of the show cause notices issued to them and pass appropriate orders, in accordance with law. (iii)Respondent no.1 is at liberty to give fresh show cause notices, if it so desires and in such an eventuality, the petitioners shall be entitled to reply to the show cause notices and respondent No.1 will give personal hearing to the petitioners.

(iv) Respondent no.1 shall complete the entire exercise expeditiously and, in any case, on or before 31st May, 2017. C. V. BHADANG, J.

SMT. R. P. SONDURBALDOTA, J.

SMA