GOA FOUNDATION Vs. STATE OF GOA

JUDGEMENT

(1.) These Misc. Civil Applications have been taken out by one of the Respondents i.e. Goa Foundation, in the following Writ Petitions.

(2.) Misc. Civil Applications urge that the aforesaid Writ Petitions may be dismissed, if necessary, by relegating the Petitioners to avail alternate remedy in terms of the National Green Tribunal Act, 2010. The Applicants rely on the decisions of this Court in Pedro Januario Carlos Barreto and Another V/s State of Goa and others,Writ Petition No.1513 of 2021 (Filing) decided on 26/7/2021. and Directorate of Mines and Geology and others Vs Saidas Khorjuvekar and others,Writ Petition No.127 of 2020 decided on 25/3/2021. It is the case of the Applicants that in quite similar circumstances, at least two Benches of this Court refused to entertain the writ petitions but relegated the Petitioners to avail of an alternate remedy under the NGT Act.

(3.) There is no dispute that the aforesaid five petitions were admitted by this Court inter alia vide order dtd. 4/11/2020. But the issue of maintainability was kept specifically open because at the stage of admission some of the private parties, including the Applicants herein had not been served.