VIRIATO HIPOLITO MENDONCA Vs. VILLAGE PANCHAYAT OF SIRSAIM,

JUDGEMENT

(1.) The learned Counsel for the parties agree that both these petitions can be disposed of by a common Judgment and Order. However, for convenience of reference, the PIL Writ Petition No.15/2019 is treated as the lead petition.

(2.) Rule in both these petitions. At the request of and with the consent of the learned Counsel for the parties, Rule is made returnable forthwith.

(3.) The Petitioners' grievance relates to the large scale quarrying operations being undertaken by Respondents No.9 an 10 in the property bearing Survey No.20/1 at Konxem, Sirsaim Village. It is the case of the Petitioners that such quarrying operations are being undertaken in an area which is demarcated as 'No Development Slopes' or 'Ecologically Sensitive Areas (Eco-2)' in the Regional Plan - 2021 prepared under the Goa Town and Country Planning Act, 1974 (TCP Act). Further, it is the case of the Petitioners that the quarrying operations are being undertaken without Respondents No. 9 and 10 securing approval for quarrying plan as contemplated by the Goa Minor Mineral Concession Rules, 1985, as amended in the year 2012. Based upon these grievances, the Petitioners have applied for the following substantive reliefs :