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2017 Supreme(Bom) 1664

G.S.PATEL, NUTAN D.SARDESSAI
Goa Foundation, Through Its Secretary, Dr. Claude Alvares – Appellant
Versus
Ministry Of Environment, Forest And Climate Change Through Its Secretary, Indira Paryavaran Bhavan – Respondent


Advocates Appeared:
For the Petitioner: S.S. Kantak, Senior Counsel, Norma Alvares, Yogesh Nadkarni, Nigel Costa Frias, Ryan Menezes, C. Ribeiro, Kashinath J. Shetye, Advocats
For the Respondent:M.B. Da Costa, Senior Counsel, S. Halankar, V. Rodrigues, Advocates
For the Amicus Curiae : S.D. Lotlikar, Senior Counsel. For the Union India: Mahesh Amonkar, Central Government Standing Counsel
For the State of Goa :Dattaprasad Lawande, Advocate General, P. Dangui, Additional Government Advocate, Amogh Prabhudesai, Additional Government Advocate, P. Bhandari, Additional Government Advocate, R. Shivolkar, Additional Government Advocate, P. Kalangutkar, Additional Government Advocate

JUDGMENT :

G.S. Patel, J.

1. Rule in all writ petitions. By consent, made returnable forthwith and taken up for hearing and final disposal.

2. On 21st August 2017, having seen news reports in several newspapers that morning, all saying that matters before the National Green Tribunal (“NGT”), Western Zone, coming up from Goa had been transferred by a notification of the Ministry of Environment and Forests (“MoEF”) to the NGT’s principal bench in New Delhi, we took up the matter as a suo motu Writ Petition/PIL. That day we also requested Mr SD Lotlikar, Senior Advocate, to assist us as amicus. We also noted that on that very day, while we took up the issue as a suo motu PIL, two other PILs on the same subject matter had already been filed and were being mentioned. In the time since, several other PILs have been filed. All of them challenge this notification of transfer of the jurisdiction.

3. We have now an affidavit in reply from the MoEF filed in the suo motu Writ Petition and an affidavit in reply by the State Government in what we decided would be the lead matter, PIL Writ Petition No. 22 of 2017 filed by the Goa Foundation.

4. We have heard learned amicus, Mr Lotlikar, Mr Kantak for







































































































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