Dismissed

Goa Foundation, a Society, through Its Secretary, Dr. Claude Alvares v. the Chief Wildlife Warden Forest Dept., Panaji, Goa and 2 Ors.

Bombay HC17 Jan 2012PILWP/28/2011

Case brief

AI extract

What is this about?

In a PIL regarding rehabilitation of closed mine sites in Netravalli Wildlife Sanctuary, the Court found the petitioner's cause of action extinguished as the respondents had filed an affidavit disclosing a formation of a tentative restoration plan and statutory obligation to rehabilitate. The Court directed the respondents to implement the plan expeditiously and submit annual compliance reports.

What did the court decide?

Directed respondents to implement the tentative restoration plan for closed mine sites and file annual compliance reports by 30th January every year starting 2013.

Goa Foundation, a Society, through Its Secretary… — Environment and Pollution | Bombay HC (2012)

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IN THE HIGH COURT OF BOMBAY AT GOA

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PUBLIC INTEREST LITIGATION WRIT PETITION NO.28 OF 2011

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Goa Foundation, a society registered under the Societies Registration Act, 1960, through its Secretary, Dr. Claude Alvares, Addr: Room 7, Above Mapusa Clinic, Mapusa 403 507, Goa Email id: [email protected] Tel : 2256479 PAN No.AAAAG0249C .. Petitioner.

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V e r s u s 1. The Chief Wildlife Warden Forest Department, Panaji, Goa

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State of Goa through its Chief Secretary, Secretariat, Porvorim, Goa

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National Board of Wildlife through its Member-Secretary, Ministry of Environment and Forests, Paryavaran Bhavan, C.G.O. Complex, Lodi Road, New Delhi 110 003. .. Respondents

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Mrs. Norma Alvares, Advocate for the petitioner.

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Mr. S. S. Kantak, Advocate General with Mr. A. Kamat, Additional Government Advocate for respondent nos.1 and 2.

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Mr. C. A. Ferreira, Assistant Solicitor General for respondent no.3.

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CORAM : A. P. LAVANDE &

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U. V. BAKRE,JJ Date : 17th January, 2012

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ORAL JUDGMENT : (Per A. P. LAVANDE, J.)

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Heard learned Counsel for the parties.

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Rule. By consent heard forthwith.

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By this Public Interest Litigation, the petitioner seeks direction against respondent no.1 to undertake rehabilitation of the mine sites within the Netravalli Wildlife Sanctuary that have been declared closed by the Government of Goa pursuant to order of Central Empowered Committee ('CEC' for short) dated 7^th November, 2003 and subsequent orders passed by the Supreme Court and CEC.

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Respondent no.1 has filed affidavit. The affidavit discloses that the Forest Department has conducted an ocular survey of area and has tentatively identified 34 mining leases in Neturlim Wildlife Sanctuary and a tentative restoration plan along with an estimate for restoration has also been prepared. A copy of the said plan has been annexed along with the affidavit. It has been further stated that a duty is cast on every holder of prospecting license or mining lease to undertake phased restoration, reclamation and rehabilitation of the lands affected by the prospecting or mining operations

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and such holder shall complete this work before the conclusion of such operations and before the abandonment of prospect or mine. It has been further stated that as per the terms of the environmental clearances granted to the lease holders, they are bound to rehabilitate the mines after they cease mining operations.

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In view of the affidavit filed by the respondent, the cause of action in the present petition no more survives.

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The statements made in the affidavit by respondent no.1 are accepted. We direct respondent nos.1 and 2 to take appropriate steps for implementation of tentative restoration plan expeditiously. Respondent nos.1 and 2 are further directed to file compliance report every year on or before 30^th January beginning from 2013.

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Writ Petition stands disposed of accordingly.

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A. P. LAVANDE, J.

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U. V. BAKRE, J.

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SMA

Goa Foundation, a Society, through Its Secretary, Dr. Claude Alvares v. the Chief Wildlife Warden Forest Dept., Panaji, Goa and 2 Ors.

Case brief

What is this about?

What did the court decide?

Goa Foundation, a Society, through Its Secretary, Dr. Claude Alvares v. the Chief Wildlife Warden Forest Dept., Panaji, Goa and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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