LAWS(BOM)-2018-1-410

UNDIR PARYAVARAN SAURAKHXAN MANCH Vs. STATE OF GOA, THROUGH ITS CHIEF SECRETARY, GOVERNMENT OF GOA, GOA SECRETARIAT

Decided On January 24, 2018
Undir Paryavaran Saurakhxan Manch Appellant
V/S
State Of Goa, Through Its Chief Secretary, Government Of Goa, Goa Secretariat Respondents

JUDGEMENT

(1.) Rule. Heard forthwith at the stage of admission and disposed of.

(2.) The petitioners are challenging the construction license dated 23.10.2017 issued by sixth respondent and is seeking mandamus restraining respondent nos. 1 to 4 from setting up any STP in the property bearing no.119/0 of Village Bandora at Ward Undir on the ground that it being an Ecologically Sensitive Area.

(3.) We find that against the Resolution dated 11.10.2017, on the basis of which impugned construction license was issued vide order dated 23.10.2017 by sixth respondent has been challenged by the petitioners before the Director of Panchayats by invoking Section 178 of the Goa Panchayat Raj Act, 1994. In the circumstances, when the petitioners have already availed the alternative remedy for setting aside and quashing the impugned resolution, which has culminated into passing of the order, we are not inclined to entertain the matter.