Bombay High Court
Prakash Agrawal vs Union Of India, Thr. Secretary, ... on 21 April, 2026
909 PILSM 2 2026
vinita
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
THE DIRECTORATE OF HEALTH
SERVICES, NORTH GOA, PANAJI, GOA
AND ANR ... RESPONDENTS
Mr Nigel Fernandes, Amicus Curriae.
Mr D. Pangam, Advocate General with Ms Maria Correia, Addl.
Govt. Advocate for the Respondent No.1, 3, 4, 5, 6 and 8
Mr Manish Salkar,Govt. Advocate for the Respondent No.2.
CORAM:- VALMIKI MENEZES &
AMIT S. JAMSANDEKAR, JJ.
DATED :- 21st April, 2026 P.C, Mr. Nigel Fernandes, learned Advocate, is appointed as Amicus Curiae to assist the Court in the present matter.
2. The Goa Sewerage Infrastructure Development Corporation is directed to be impleaded as a party Respondent to the petition. The Amicus Curiae shall prepare the amended cause title accordingly.
3. The amendment shall be carried out within a period of two days.
4. The learned Advocate General, on instructions, submits that an officer of the Pollution Control Board has collected samples from Mala Lake and the same are presently under examination. The initial Page 1 of 3 21st April, 2026 ::: Uploaded on - 21/04/2026 ::: Downloaded on - 21/04/2026 21:58:33 ::: 909 PILSM 2 2026 test results indicate that the dissolved oxygen content was as low as 0.8 mg/ltr, as against the normal/control level of 4.00 mg/ltr. This appears to be the immediate cause for the fish found dead on the surface of the water. It is further submitted that the sluice gates at Mala Lake, Neogi Bandh, and Ourem Creek were opened to release water into the lake, resulting in an increase in the oxygen levels to approximately 11.83 mg/ltr.
5. It is further submitted that the test reports concerning bacterial content of the water are yet to be finalized. The source of pollution is suspected to be from multiple sources, which may include discharge of sewage.
6. The learned Advocate General further submits that the Pollution Control Board and the Health Department are monitoring the situation.
7. We have also taken note of the fact that on the northern side of Mala Lake there exists a pumping station and a sewage treatment plant in close proximity to the lake. It is further observed that extensive paddy fields and a large number of residential houses exist along the southern and northern boundaries of the lake, which may be potential sources contributing to pollution.
8. We expect all the authorities who are parties to the petition to take immediate remedial measures to control and reduce the deteriorating water quality of the lake and to maintain its ecological balance.
9. Issue notice to the Respondents returnable on 27.4.2026.
10. Ms. Maria Correia, learned Additional Government Advocate, Page 2 of 3 21st April, 2026 ::: Uploaded on - 21/04/2026 ::: Downloaded on - 21/04/2026 21:58:33 ::: 909 PILSM 2 2026 waives service of notice on behalf of the State of Goa, Water Resources Department, Directorate of Health Services, Urban Health Services, the Collector, and the Directorate of Fisheries.
11. Mr. Salkar, learned Government Advocate, waives service of notice on behalf of the Pollution Control Board.
12. At the request of the Court, Mr. Karpe, learned Advocate, waives service of notice on behalf of the Corporation of the City of Panaji (CCP).
13. The Commissioner, CCP, shall conduct an inspection of the residential houses and the surrounding area within a radius of at least 200 meters from Mala Lake to ascertain whether any untreated sewage or pollutants are being discharged into the lake.
14. The CCP shall submit a detailed plan indicating the location of each house with corresponding house numbers so as to enable the authorities to identify and trace the source of pollution. The CCP shall also indicate on the said plan the existing sewage lines in the area. In the absence of such sewage infrastructure, the Commissioner shall file an affidavit placing on record the manner and method of disposal of sewage in the said locality.
15. The Registry shall issue notice to the Respondents on the email addresses furnished by the Amicus Curiae.
AMIT S. JAMSANDEKAR, J. VALMIKI MENEZES, J. Page 3 of 3 21st April, 2026 ::: Uploaded on - 21/04/2026 ::: Downloaded on - 21/04/2026 21:58:33 :::