2026 Supreme(Online)(Bom) 5989
Sonam
IN THE HIGH COURT OF BOMBAY AT GOA
PUBLIC INTEREST LITIGATION (SUO MOTU) NO. 2 OF 2026
HIGH COURT ON ITS OWN MOTION (IN THE MATTER OF THE DEAD FISH FOUND FLOATING IN MALA LAKE) … Petitioner Versus STATE OF GOA THR.THE CHIEF SECRETARY AND 11 ORS. ... Respondents
Mr. Nigel Fernandes, Amicus Curiae.
Mr. Devidas Pangam, Advocate General with Ms. Maria Correia, Additional Government Advocate for Respondent Nos. 1, 2,3, 4, 5, 6 and 8.
Mr. Somnath Karpe and Mr. Anand Shirodkar, Advocates for Respondent No. 7-CCP.
Mr. Rishikesh Gawas, Additional Government Advocate for Respondent No. 9.
Mr. Neehal Vernekar, Additional Government Advocate for Respondent No. 10.
Ms. Akshata Bhat, Additional Government Advocate for Respondent No. 12.
CORAM:- VALMIKI MENEZES & AMIT S. JAMSANDEKAR, JJ.
DATED :- 4TH NOVEMBER, 2026
AMIT S. JAMSANDEKAR, J.
VALMIKI MENEZES, J.
P.C.:
1.On 19.10.2026, the Pollution Control Board has placed on record an Interim Report on Monsoon Water Quality Characteristics of the River Mandovi. The Interim Report records that water samples of the River Mandovi between the IFFI Jetty Point and the Mandovi Bridge were collected from 22 locations on 24.08.2026, both at high and low tide. On analysis of the samples for physico-chemical and for microbial parameters. The Report depicts on a map the locations in a River from where the samples were taken, and on conducting tests in the lab, the chemical parameters of the samples collected at the 22 locations. The Report also records that, of all 22 locations, faecal coliform readings exceed the permissible limit of 100 MPM per 100 ML, the highest being540 MPM per 100 ML recorded at the following locations:
Location No. 1 : Upstream of the Mandovi Bridge, off Britona (540)
Location No. 3 : Near Cruise Boats Jetty (540)
Location No. 10 : Near Casino Majestic Pride (540)
Location No. 15 : Near Mid-Point towards the mouth of River Mandovi (Downstream of anchored Casinos) (540)
Location No. 18 : Near Panaji (Downstream of anchored Casinos) (540)
2.Based on this Interim Report, the Officials of the Board, have carried out preliminary inspection of four Casino Vessels operating in the River Mandovi to ascertain the status of compliance of the conditions specified in their consent to operate orders. The inspection conducted on 27.10.2026, and the Report of the inspection is being prepared. It is reported by the learned Advocate General that the Officials of the Board are also in the process of carrying out inspection of the Cruise Vessels in the River Mandovi to verify the compliance with the provisions of the Water Act and consent orders. It was also submitted that the Board is in the process of conducting Third Party Water Audit of the Casino Vessels operating in the River Mandovi through empanelled agencies. According to the learned Advocate General, the above process and the preparation of the Compliance Report would take a period of three months. It was assured that in the Interim, the Board would initiate immediate action under the Water Act against violators.
3.Considering the process of carrying out inspection and enforcement of Consent to Operate (CTO), referred to above, the Board shall place a detailed Report within a period of three months of the findings arrived at on its inspection and the action taken against polluters who are found in breach of CTOs or otherwise in contravention of the Water Act.
4.The learned Amicus Curiae has highlighted the fact that there is a need for verification of the source of discharge of sewage/waste water into the Rua de Ourem Creek, St. Inez Creek, from Panjim city market drainage on the southern Bank of the River, and from Betim Fish Market and other seasonal canals which drain into the River Mandovi on its Northern Bank. The learned Advocate General, in response, has made the following factual submissions:
(a) The Board has, from 26/10/2026, commenced an exercise to verify if any sewage/waste water is being disposed of into the River Mandovi from its Banks. This exercise/inspection is being carried out by officials of the Board along with Officials from the Departments of Captain of Ports, Health Services, CCP, Directorate of Fisheries, respective Village Panchayats and Water Resource Department, and will be completed by28/02/2027.
(b) At present, inspections are being conducted by Board Officials in the area from the Mandovi Bridge to the Reis Magos Church/Fort and from Kala Academy up to the Mandovi Bridge. Inspections have been conducted from 26/10/2026 up to 27/10/2026. Samples have also been collected during the inspections, and the same are being analysed at the Board's laboratory. The Board will initiate action on the findings of the Reports of Inspection and analysis, and will take all steps to ensure that any discharge of se