DOMINGOS FERNANDES Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. Lotlikar, learned Senior Counsel for the petitioners, Mr. Nadkarni, learned Advocate General for respondents no. 1 and 2, Mr. Ferreira, learned Assistant Solicitor General for respondent no. 3 and Mr. Sonak, learned Advocate for respondent no. 4.

(2.) By this petition, which is filed as a Public Interest Litigation, the petitioners seek the following reliefs:

(3.) The grievance made by the petitioners in this petition is that the construction of diesel pump has been carried on on the bank of river in violation of CRZ Regulations, thereby flouting the Notification dated 19/02/1991 made by the Central Government under Section 3(1) and 3(2)(5) of Environment Protection Act and Rules framed thereunder. This Court by order dated 20/01/1994 by a reasoned order, refused interim order on the ground that jetty was constructed and inaugurated in 1988 and the same was being used by fishing trawlers and there was no challenge to the construction of a jetty. The said order further observed that in January, 1993, a small structure being an office of diesel pump was constructed which was necessary for carrying effective operation of fishing trawlers. It was the case of the respondents that the same was not in violation of the Notifications issued under Environment Protection Act and the construction done was not in no development zone. The Division Bench further accepted the statement made by the learned Advocate General that the Government did not intend to carry out any further construction in the matter of fishing complex.