Balkrishna Bhaskar Sawaikar And ANR v. The State Of Goa Thr. Its Chief Secretary And 5 ORS
2025:BHC-GOA:2152-DB Andreza
IN THE HIGH COURT OF BOMBAY AT GOA
PUBLIC INTEREST LITIGATION WRIT PETITION NO. 25 OF 2024 ----------------------------- Mr. Balkrishna Bhaskar & anr.
... Petitioners V e r s u s
1. The State of Goa, Through its Chief Secretary and 5 Ors.
... Respondents Mr. Viraj V. Bakre, Advocate with Ms M. Simoes, Advocate for the Petitioners.
Mr. D. Pangam, Advocate General with Mr. Prashil Arolkar, Additional Government Advocate for Respondent Nos. 1, 3 and 4. Mr. D. Pangam, Advocate General with Ms. Maria Simone Correia, Additional Government Advocate for Respondent No. 2. Mr. D. Lawande, Advocate with Mr. P. Dangui, Advocate for Respondent No. 6.
CORAM:
SARANG V. KOTWAL & ASHISH SAHADEV CHAVAN, JJ.
DATE:
10th NOVEMBER, 2025 P.C.
1.
Heard Mr. Bakre, learned Counsel appearing for the Petitioners, Mr. Pangam, learned Advocate General appearing for the RespondentState and Mr. Lawande, learned Counsel appearing for the Respondent no. 6.
2.
Learned Advocate General and learned Counsel appearing for Respondent no. 6, submitted that some of the prayers made in this
Petition are falling within the jurisdiction of the National Green Tribunal (NGT) and the Petitioners should approach the NGT for the appropriate relief. Learned Counsel for the Petitioners submitted that those prayers would be prayer clauses (b), (ba) and (d), which are as follows :
"(b) For an Order or mandamus to the Wetlands Authority to consider inclusion of remaining area in Survey No. 113/3 and 114/3 of Karapur village which is catchment area and has underground springs which contribute to the Kodal lake; (ba) For an order or mandamus and setting aside the Notification No. 11-2/GSWA/2024-5/Pub/1799 dated 01.01.2025 published in Officuial Gazette Series I No. 41 dated 15.01.2025 concerning the Kodal Lake Wetland Area, in as far as it excludes the additional area of Survey Nos. 113/3 and 114/3, Karapur village from the Zone of Influence area;
(d) For an order of restoration of the Wetland area to its original condition by removing the mud filled in the water body, concrete gutters, culverts and soil dumped in the area and to replant the coconut trees felled in violation of the Notification and Court orders;
Learned Counsel for the Petitioners submits that, at this stage, the Petitioners be permitted to withdraw this Petition with liberty to pray for the similar reliefs as mentioned in prayer clauses (b), (ba) and (d) before the NGT. He further submitted that for the rest of the prayers, liberty be granted to file fresh Petition, if necessary. He also
submitted that since there would be delay in filing the appeal before the NGT, some observations be made regarding condonation of delay. 3.
Considering these submissions, the Petition is allowed to be withdrawn. Of course, the prayers will have to be suitably modified before the NGT and the reference to writ of mandamus will have to be deleted. The Petitioners are at liberty to pursue the similar reliefs covered by the prayer clauses (b), (ba) and (d) made in this Petition before the NGT.
If the question of condonation of delay arises before NGT, the Tribunal shall take into consideration the pendency of the present Petition before this Court and decide the application for condonation of delay sympathetically. As far as other reliefs are concerned, the Petitioners are at liberty to file a fresh Petition on fresh grounds, if necessary.
4.
With this liberty and observations, the Petition is disposed off as withdrawn.
ASHISH SAHADEV CHAVAN, J. SARANG V. KOTWAL, J. Signed by: ANDREZA RODRIGUES EPEREIRA Designation: Senior Private Secretary to the Hon'ble Judge Date: 10/11/2025 18:14:13