DEAN DCRUZ Vs. STATE OF GOA

JUDGEMENT

(1.) Mr. Dean D'Cruz, a practicing Architect in the State of Goa and claiming to be a part of the State Level Committee preparing the Regional Plan 2021, with the background that he has staunchly advocated protecting Goa's green cover and promoting sustainable development, and also inspired others to join the cause, has filed the present Public Interest Litigation Writ Petition. Giving the background of the work undertaken by him in the field of environment combining his expertise in architecture, which would make difference in people's life and in improving the professional standard, the Petitioner has made a declaration that he has no personal interest in the matter but the PIL has been filed by him in the larger interest of the residents of State of Goa. The Petition raise a challenge to the alleged arbitrary and malafide permissions/licences granted by the Authorities in form of Conversion Sanad, Technical Clearance and No Objection Certificate issued by the Conservator of Forest, in respect of the property, which has been notified as a Private Forest in terms of the direction of the Supreme Court. The Petition specifically involve Survey No.61 of Village Pomburpa and it revolve around the permissions granted in respect of M/s. Turiya II in Survey No.61/1 admeasuring 975 sq.mtrs.

(2.) We have heard Mr De Sa, learned Counsel for the Petitioner in support of the claim in the Petition which seek multiple reliefs, the gist of which, in short, can be summarised to the effect that the licence granted in favour of Respondent No.9 by the Village Panchayat as well as the permissions granted by Town and Country Planning Department (TCP) as well as the NOC issued by the Deputy Conservator of Forest, North Goa Division is illegal, since Survey No.61, has been declared to be a Private Forest area by the Notification issued by the State Government on 22/9/2022, pursuant to a herculean exercise carried out, with formation of several Committees, identifying the Private Forest and thereafter the matter having been travelled upto the National Green Tribunal which had approved the reports of the said Committees. Mr De Sa has invited our attention to the Notification published by the Government of Goa in form of Notification No.55/DCF(WP)/Court Case/S.C./2021-22/Part file/FD/167 when the State Government in pursuance of the directions issued by the National Green Tribunal notified 41.20sq.km area demarcated by the Forest Department and 4.91sq.km area identified by Review Committee (Sharma Committee) headed by DCF(Working Plan) totalling 46.11 sq.kms as Private Forest. The Notification specifically declare as under:

(3.) Relying upon the said Notification, it is the argument of Mr De Sa that as far as Survey No.61 of Pomburpa Village is concerned, the entire Survey number, in terms of the Notification, is declared as Private Forest and this was so accepted by the NGT in its order dtd. 18/8/2020. He would invite our attention to the report of the Review Committee and according to him the tabulation in the said report, pertaining to Survey No.61 of Pomburpa Village has referred to the Tentative Private Forest Area identified by the Committee as 4.12 hectares (ha) whereas the actual area of Survey No.61 as per Form No.I and IV, Form D/Sy Plan is 4.19 hectares. The chart according to him has indicated the status of this plan as part forest. It is therefore his submission that Survey No.61 is a Private Forest and the Authorities could not have permitted its development as was permitted by granting necessary permissions/clearances in favour of Respondent No.9.