LAWS(BOM)-2024-2-177

NANDLAL KHEMKA Vs. STATE OF GOA

Decided On February 16, 2024
Nandlal Khemka Appellant
V/S
STATE OF GOA Respondents

JUDGEMENT

(1.) Heard Mr. J.E. Coelho Pereira, learned Senior Advocate for the petitioner in all the Petitions, Mr. D.J. Pangam, learned Advocate General with Ms. Sapna Mordekar, learned Additional Government Advocate for respondent Nos. 1 to 4 in WP 293 of 2019, Mr. D.J. Pangam, learned Advocate General with Ms. Amira Razaq, learned Government Advocate (through VC) for respondent Nos. 1 to 4 in WP No. 294 of 2019, Mr. D.J. Pangam, learned Advocate General with Mr. Shivdatt P. Munj, learned Additional Government Advocate for respondent Nos. 1 to 4 in WP No. 308 of 2019 and Mr. Jitendra P. Supekar, learned Counsel for respondent No.5 in WP No.293/2019 and WP No.308/2019 and for Respondent Nos.5(a) to 5(e) in WP No.294/2019.

(2.) The petitions were admitted on 05/03/2020 since it was pointed out that the only issue involved in these petitions is the powers of review of GCZMA in connection with its own orders. The prayers in Writ Petition No.293 of 2019 reads thus:

(3.) In short, it is the case of the petitioner in Writ Petition No.293 of 2019 that he is the owner in possession of the property bearing survey no. 143/ 14 of village Candolim which he claimed by sale dtd. 13/06/1995. The petitioner was compelled to file an application under Sec. 18 read with Ss. 14 and 15 of National Green Tribunal Act, 2010 for seeking redressal of blatant violation of the provisions of the Environment Protection Act, 1986 along with CRZ Regulations. Such application came to be registered vide No.88 of 2016 (WZ). The GCZMA/respondent No.4 was a party respondent in the said application. Various complaints filed by the petitioners with the concerned authority in connection with illegal constructions carried out by respondent nos. 2 to 5 in the said application no. 88 of 2016(WZ) were virtually ignored by the concerned authority and failed to enforce the CRZ Regulations.