DR. JOE DSOUZA Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. Nigel Da Costa Frias and Mr. V. Sawant, the learned Counsels for the petitioners, Mr. D. Pangam, Advocate General along with Mr. Deep Shirodkar, Additional Government Advocate for the respondents no.1, 2, 5 and 10, Mr. Dattaprasad Lawande and Mr. P. Dangui, Advocates for the respondent no.3, Mr. D. Pangam, Advocate General along with Mr. Pravin Faldessai, Additional Government Advocate for the respondent no.6, Ms. Sayeli G. Bandodkar, Advocate for the respondent no.7 and Ms. Kalpa Devidas Govenkar, Advocate for the respondent no.8.

(2.) The petitioner, by instituting this Public Interest Litigation questions the construction of the terminal building in the precincts of the Captain of Ports by demolishing the Old Canopy of COP Jetty, Panaji-Goa.

(3.) The replies and counters have been filed in this matter. One of the main challenges of the petition is that the GCZMA granted approvals on the basis that the construction was to come up on the landed property. However, at a later point of time, the respondents have submitted that the construction is really coming up within the river and not on the land. It is submitted that this position was never considered by the GCZMA when its initial approvals were granted as such the construction requires rapid EIA studies which have not been undertaken. The petitioner has raised several contentions in relation to this terminal building as have been set out in the petition.