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2016 Supreme(Bom) 2090
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT PANAJI
F.M. Reis, Nutan D. Sardessai, JJ.
Cavelossim Villagers Forum – Petitioner
Versus
The State of Goa, through its Chief Secretary – Respondent
Public Interest Litigation W.P. No. 6 of 2015 and Misc. Civil Application No. 256 of 2016
Decided On : 13-10-2016
For the Petitioners: Mr. Nigel Da Costa Frias with Ms. Laxmi Sawant.
For the Respondents: Mr. D. Lawande, Mr. P. Dangui, Mr. Venkatesh Dhond, Mr. D. Pangam, Mr. H.D. Naik and Mr. Amit Palekar.
The court emphasized that permissions granted for relocation of water bodies and drains were in accordance with the law, and declined to examine alleged violations subject to proceedings before the National Green Tribunal.
Headnote:
Illegal Development - Goa Land Revenue Code - Section 32, National Green Tribunal Act of 2010 - Sections 14 and 15 - Goa Daman and Diu Irrigation Act, 1973 - Sections 75 and 76
Fact of the Case:
The petitioners filed a Public Interest Litigation seeking a writ of mandamus to stop illegal development activities in a property in Village Cavelossim. The respondents had obtained various permissions for conversion of land use, construction of a resort, and relocation of water bodies. The petitioners alleged violations of environmental regulations and destruction of water bodies.
Finding of the Court:
The court found that the development activities were carried out in accordance with permissions granted by the authorities. It noted that the alleged violations were subject to proceedings before the National Green Tribunal and declined to examine them. The court also observed that the permissions granted for relocation of water bodies and drains were in accordance with the law.
Issues: The main issues were the alleged illegal development activities, violations of environmental regulations, and the validity of permissions granted for relocation of water bodies and drains.
Ratio Decidendi: The court held that the permissions granted for relocation of water bodies and drains were in accordance with the law, and the alleged violations were subject to proceedings before the National Green Tribunal. It emphasized that the environment degradation issues were not examined in the present petition.
Final Decision: The petition was disposed of with the observation that the development activities carried out by the respondents should not cause any inundation or water logging in the properties adjoining the subject properties.
F.M. Reis, J.
1. Heard Mr. Nigel Da Costa Frias, learned Counsel appearing for the Petitioners, Mr. D. Lawande, learned Addl. Advocate General appearing for the Respondent nos. 1, 3, 4 and 5, Mr. Palekar, learned Counsel appearing for the Respondent no. 2 and Mr. Venkatesh Dhond, learned Counsel appearing for the Respondent nos. 6 and 7.
2. Rule. Heard forthwith. Learned Counsel appearing for the Respondents waives service.
3. The above Public Interest Litigation filed by the Petitioners, inter-alia, prays for a writ of mandamus directing the Respondent nos. 2 to 5 to act and take necessary action against the Respondent nos. 6 and 7 with regard to the illegal development of the construction activity in the property surveyed under no. 90/1, 90/5, 90/6, 91/1, 91/3 to 91/10 of Village Cavelossim and also for a direction to the Respondent nos. 6 and 7 to stop all such activity in the property surveyed under no. 90/1, 90/5, 90/6, 91/1, 91/3 to 91/10 of Village Cavelossim.
4. Briefly, it is the contention of the Petitioners that in the year 2008, the Respondent nos. 6 and 7 applied to the Collector, South Goa, under Section 32 of the Goa Land Revenue Code for conversion of use of land admeasuring 15336 square metres bearing survey no. 90/1, 90/5, 90/6-E, 91/1, 91/4, 91/3, p-1/5 and 91/6 of Village Cavelossim. The said application was forwarded to the Mamlatdar of Salcete on 04.11.2008 and the report was accordingly submitted. It is further contended that the Town and Country Planning Department (TCP) recommended conversion of the property forming part of the property surveyed under no. 90/1, 90/5, 90/6, and 91/3 to 91/10 of Village Cavelossim for residential use. The Collector, South Goa, issued a conversion Sanad on 22.07.2009 to the Respondent nos. 6 and 7 for conversion of an area of 15336 square metres in the property surveyed under no. 90/1, 91/5 and 91/6 part, 91/1, 91/3 to 91/6 of Village Cavelossim for residential use. Thereafter, an application was forwarded to convert the land from residential to commercial which was recommended for an area of 15336 square metres by a report dated 24.08.2010 and a Sanad was accordingly issued on 03.10.2010. The Respondent nos. 6 and 7 also applied for permission from the Village Panchayat for construction of an access road in the property surveyed under no. 90/1, 90/5, 90/6 part, 91/1, 91/3 to 91/10 of Village Cavelossim and the application was forwarded by the Panchayat to the GCZMA on 08.01.2010. It is also pointed out that on 28.08.2009, an application was submitted by the said Respondents for permission for the construction of Resort and compound wall in respect of the said property and on 17.05.2010, the Town and Country Planning Authority issued its no objection certificate for the construction of the Resort and the compound wall in the said property. Based on such NOC, the Village Panchayat also granted the requisite permission to the said Respondents. The construction thereafter commenced and it is further alleged by the Petitioners that in September 2013, they complained to the Village Panchayat on 02.09.2013 that the Respondent nos. 6 was moving truck loads of mud into the property. A site inspection was conducted by the Panchayat on 18.12.2013 and noticed that the storm water drain existing in the property has been blocked and diverted without any permission from the concerned authorities and that without permission from the Irrigation Department RCC walls were put up on both the sides of the drain. It is also pointed out that the water body (pond) was destroyed by filling with mud beyond the adjoining ground and that another pond is also being filled up. It is also pointed out that the nullah was being obstructed. It is also contended that there are CRZ and other violations noticed during the inspection which are subject matter of proceedings under Sections 14 and 15 of the National Green Tribunal Act of 2010 filed by the Petitioners before such Tribunal. It is also point
