Green Space (Ngo) Rep. By Lakki Bairwa, v. State Of Goa, Thr. Its Chief Secretary And 7 ORS.
2025:BHC-GOA:1201-DB Amrut
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO.551 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, Advocate for the petitioner. Ms Sapna Mordekar, Additional Government Advocate for respondent Nos.1, 2, 3, 5 and 7.
Mr Manish Salkar, Advocate for respondent No.4. Mr Pranav Kakodkar, Advocate for respondent No.8. CORAM:- BHARATI DANGRE & NIVEDITA P. MEHTA, JJ.
DATED :- 14th July, 2025 PC:
1. The petition filed by the petitioner accuse the respondent No.8 and the State Authorities of permitting the illegal running of a saw mill in survey No.461/1 of Anjuna, Bardez Goa. The challenge to the said permission in the petition is two-fold; first being M/s Saraswati Saw Mill Industries is run by respondent No.8 in the agricultural property, and to support this contention, a copy
of Form I & XIV is annexed along with the petition. Another contention raised is that in the wake of the Wood-Based Industries (Establishment and Regulation) Guidelines 2016, it is imperative for the State to constitute the State Level Committee to perform the functions stipulated in the Guidelines and it is this authority which is competent to grant, renew and revoke the licence to the wood based industry but since respondent No.8 has not obtained any permission in terms of the Guidelines from the State Level Committee, the operation of the saw mill is illegal.
2. Contesting the aforesaid claim, respondent No.8 has filed a specific affidavit wherein a categorical statement is made that the business of the saw mill is started in the year 1977 by obtaining necessary permissions and approvals from the competent authorities by adhering to all the environmental and safety standards which were prevailing at the relevant time.
Respondent No.8 has annexed a licence for establishment dated 04.11.1977 issued by the Forest Department and a copy of the N.O.C. dated 25.07.1977 issued by the Village Panchayat of Anjuna. Dealing with the objection that the land is an agricultural land, in Para 16 of the affidavit, a specific statement is made by respondent No.8 that he has applied for conversion sanad under
Section 32 of the Goa Land Revenue Code, 1968 in the year 1977 and upon grant of conversion sanad to the property bearing survey No.461/1 of Village Anjuna, it was furnished to the office of Village Panchayat for obtaining N.O.C. A statement is however made that the photocopy of which was misplaced and could not be located and therefore, he moved an application on 19.08.2024 for a certified copy from the Village Panchayat, but it is not yet delivered.
3. The learned Additional Government Advocate Ms Sapna Mordekar has placed before us the minutes of the eighth meeting of the State Level Committee held on 09.07.2005 under the Chairmanship of PCCF, Goa in terms of the earlier order passed by us on 18.03.2025 and on examining the objection raised by the NGO, seeking suspension of the renewal of the license and restraining the respondent No.8 from operating the saw mill, the Committee duly considered the factual details and arrived at conclusion that the renewal of M/s Saraswati Saw Mill license grated by the DCF was in accordance with the provisions contained in Wood-Based Industries (Establishment and Regulation) Guidelines, 2016 as amended from time to time and as per the power delegated to the DCF by the State Level Committee, no interference was justified in considering the application for renewal.
4. In the wake of the aforesaid, since we do not find any merit in the contention raised in the petition, as the specific statements are
specifically denied and respondent No.8 is presently armed with all the requisite and necessary permissions, we dismiss the petition. No order as to costs.
NIVEDITA P. MEHTA, J.
BHARATI DANGRE, J.
Signed by: AMRUT NAGESH TARI Designation: Personal Assistant Date: 15/07/2025 19:13:06