Bombay High CourtPILWP/4/2024dismissed

Anand Esvonta Achorencar And ANR v. State Of Goa, Thr. Its Chief Secretary And 4 ORS.,

2023-12-20Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Ms Justice Nivedita P. Mehta3 pages

Amrut

IN THE HIGH COURT OF BOMBAY AT GOA

PUBLIC INTEREST LITIGATION WP NO.2897 OF 2023 (F) ANAND ESVONTA ACHORENCAR ... PETITIONER

Versus

STATE OF GOA, THR. ITS CHIEF SECRETARY AND 4 ORS., ... RESPONDENTS Mr Yogesh Nadkarni and Mr Nilay Naik, Advocates for the Petitioner.

Mr D. Pangam, Advocate General with Mr P. Faldessai, Additional Government Advocate for Respondent Nos.1 to 3. Mr Nitin Sardessai, Senior Advocate with Mr Kabir Sabnis, Mr Raunaq Rao and Ms T. Souto, Advocates for Respondent No.5. CORAM:- M. S. SONAK & VALMIKI SA MENEZES, JJ.

DATED :- 20th December, 2023 P.C.:

Heard Mr Nadkarni, learned counsel for the Petitioner. Mr D. Pangam, learned Advocate General appears along with Mr P. Faldessai, learned Additional Government Advocate for Respondent Nos. 1 to 3 and Mr Nitin Sardessai, learned Senior Advocate appears along with Ms T. Souto for the fifth Respondent.

2. Mr Nadkarni fairly pointed out our order dated 12.12.2023 in Writ Petition No.2795 of 2023 (F). However, he submitted that some

interim relief may be granted because otherwise irreversible changes would take place at the site based upon certain permissions which according to him were obtained fraudulently by the fifth Respondent.

3. Writ Petition No.2795 of 2023 (F) is posted on 17.01.2024 by granting the Respondents time to file their responses. Today, Mr Sardessai, learned Senior Advocate on behalf of the fifth Respondent states that no further trees are to be felled and even no permissions have been applied for felling of trees. He submitted that the trees felled earlier were based upon permission issued by the authorities and by now additional 20 trees have been planted by the fifth Respondent.

4. In our order dated 12.12.2023, we had clarified that the construction which the fifth Respondent was carrying on shall be at the risk and consequences of the said Respondent and that no equities shall be claimed. That is now reiterated.

5. Accordingly, we post this matter on 17.01.2024 along with Writ Petition No.2795 of 2023 (F). The Respondents can file their responses in this petition as well by giving advance copies to the learned counsel for the Petitioner.

6. Stand over to 17.01.2024.

7. Mr Nadkarni states that the office objections will be cleared before the next date.

VALMIKI SA MENEZES, J.

M. S. SONAK, J.

TARI AMRUT NAGESH Date: 2023.12.22 10:10:33 +05'30'