National Green Tribunal
Cavelossim Villagers Forum vs The State Of Goa Through Its Chief ... on 31 July, 2023
Item No.1 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
[THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)]
APPEAL NO.54 OF 2022 (WZ)
Cavelossim Villagers Forum .... Appellant
Versus
State of Goa, through Chief Secretary & Ors. .... Respondents
Date of Hearing : 31.07.2023
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
Appellant : Mr. Nigel Da Costa, Advocate
Respondents : Ms. Pooja Natur, Advocate holding for
Ms. Manasi Joshi, Advocate for R-1 and R-7
Mr. Abhay Anturkar, Advocate for R-4
Mr. Preetam Talaulikar, Advocate for R-5 & R-6
ORDER
1. By the present appeal, the appellant has challenged the order dated 12.09.2022 whereby the complaint was raised before this Tribunal in the form of Original Application No.61 of 2014, which is said to have been disposed of vide order dated 01.10.2019 whereby a direction was given to GCZMA - respondent No.4 to consider the joint site inspection report, hear the parties and take appropriate decision. In pursuance of our said order, though the said order dated 01.10.2019 has not been placed on record by the appellant, the learned counsel for GCZMA has admitted that this order is said to have been passed. We direct the learned counsel for the appellant to place the said order on e-mail immediately.
2. The order dated 12.09.2022, which has been impugned in the present appeal, has been passed by the GCZMA, thereby the proceedings [NPJ] Page 1 of 2 have been discharged against the Project Proponent. The same has been challenged by the learned counsel for the appellant on the ground that the report of the Water Resources Department dated 17.02.2021 (annexed as Annexure-P at pages 203 to 204 of the paper-book) has not been considered by the GCZMA. When we enquired from the learned counsel for GCZMA as to whether the same was considered by them while passing the impugned order, he says that he needs to contact the Department and he would file reply.
3. On the basis of above facts and submissions, we admit this appeal and direct respondent No.4 - GCZMA to file the reply within four weeks.
4. From the side of respondent No.5 - Mrs. Radha Satish Timblo and respondent No.6 - M/s Shree Balaji Concepts, learned counsel Mr. Preetam Talaulikar has appeared and seeks four weeks' time to file the reply. The same is allowed.
5. From the side of respondent No.1 - State of Goa and respondent No. 7
- Water Resource Department, learned counsel Ms. Pooja Natu holding brief for learned counsel Ms. Manasi Joshi has appeared and seeks four weeks' time to file reply. The same is allowed.
6. The Registry is directed to issue notice to respondent No.2 - Village Panchayat of Cavelossim and respondent No.3 - Senior Town Planner, returnable within four weeks.
7. Put up this matter for further consideration on 13.09.2023.
Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM July 31, 2023 APPEAL NO. 54 OF 2022 (WZ) npj [NPJ] Page 2 of 2