Anthony Carvalho v. State Of Goa, Thr. Chief Secretary And 3 ORS

WP 762 of 2024 Andreza

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.762 OF 2024 ANTHONY CARVALHO ... PETITIONER

Versus

STATE OF GOA, THR. CHIEF SECRETARY AND 3 ORS ... RESPONDENTS Ms. Nicole Mayenkar, Advocate with Mr. B. Sardessai, Advocate for the Petiitoner.

Mr. T. Gawas, Additional Government Advocate for the Respondent nos. 1 and 3.

CORAM:- M. S. KARNIK & NIVEDITA P. MEHTA, JJ.

DATED :- 27th November, 2024 P.C.

Our attention is invited to the directions issued by the Goa State Pollution Control Board (GSPCB) under Section 33(A) read with Section 25/26 of the Water (Prevention and Control of Pollution) Act, 1974, whereby the management of M/s. Carvalho's Car Wash is directed to close/suspend the operation till such time as the Board grants its consent to operate the same.

2. It is the grievance of the petitioner that the GSPCB is not acting on its own directions.

27th November, 2024

WP 762 of 2024

3. Learned Additional Government Advocate appearing for respondent nos. 1 and 3, on the instructions of respondent no.3, submits that the aforesaid directions issued by the GSPCB shall be implemented and the necessary action of sealing the premises will be undertaken tomorrow i.e. 28.11.2024.

4. In this view of the matter, since appropriate action is being taken by the respondent no.3 on the directions issued by the GSPCB, the grievance of the petitioner is satisfied.

5. We, however, make it clear that we have not commented on the legality of the order dated 22.10.2024 or action taken thereon and it is open for the respondent no.4 to initiate appropriate proceedings against the said order if they so desire which will be considered on its own merits.

6. Petition is disposed of. No costs.

NIVEDITA P. MEHTA, J.

M. S. KARNIK, J.

Signed by: ANDREZA RODRIGUES EPEREIRA Designation: Private Secretary Date: 27/11/2024 18:53:35 27th November, 2024