Disposed

The Goa Foundation, Thr. Its Secretary, Dr. Claude Alvares., v. the Dept. of Mines and Geology, Thr. Its Director and 6 Ors.

Bombay HC22 Sept 2021PILWP/8/2020

Case brief

AI extract

What is this about?

The petition challenging the operation of a beneficiation plant was disposed of. The Court held that since the plant is not functioning and the operating permission has expired/renewal is pending, there is no immediate question to entertain the petition. Liberty was granted for future recourse if permission is renewed.

What did the court decide?

Petition disposed of with liberty to the petitioner to take appropriate steps if permission for the beneficiation plant is renewed or granted afresh.

The Goa Foundation, Thr. Its Secretary, Dr. Claude… — Environment and Pollution | Bombay HC (2021)

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905-PILWP-8-2020.DOC

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Niti

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IN THE HIGH COURT OF BOMBAY AT GOA PIL WRIT PETITION NO.8 OF 2020

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THE GOA FOUNDATION, THR. ITS SECRETARY, DR. CLAUDE ALVARES

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...PETITIONER

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Versus

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THE DEPT. OF MINES AND GEOLOGY, THR. ITS DIRECTOR AND 6 ORS. …RESPONDENTS

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Ms. Norma Alvares, Advocate for the Petitioner.

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Mr. D. Pangam, Advocate General with Ms. Ankita Kamat, Additional Government Advocate for the Respondents No.1,2,3 & 6. Mr. Mahesh Amonkar , Central Government Standing Counsel for the Respondent No.4.

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Mr. S.S. Kantak , Senior Advocate with Mr. A. Gosavi , Advocate for the Respondent No.7.

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CORAM: M. S. SONAK & M. S. JAWALKAR, JJ DATED: 22^nd September 2021

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ORAL ORDER :

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1. Heard learned Counsel for the parties.

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2. In this petition, the challenge was to the operation of the beneficiation plant by respondent no.7.

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3. Mr. Kantak, the learned Senior Counsel appearing for the respondent no.7, states that the permission to operate this beneficiation plant was up to 09.09.2021 and the same has since expired. He states that renewal has been applied for by the

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Page 1 of 2

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22nd September 2021

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905-PILWP-8-2020.DOC

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respondent no.1 and until such renewal/fresh permission is
granted, there is no question of operation of the beneficiation
plant.

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4. The learned Advocate General states that in case any decision is taken to renew or grant fresh permission to respondent no.7, for operation of the beneficiation plant, the same will be communicated to the petitioner herein, simultaneously with its communication to the respondent no.7.

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5. This statement is accepted and the concerned Authorities are directed to act accordingly.

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6. Since, presently, the beneficiation plant is not functioning, we do not think that we should entertain this petition. Accordingly, we dispose of this petition with liberty to the petitioner to take appropriate steps as they may be advised, in case the permission is renewed or fresh permission is granted to operate the beneficiation plant.

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7. All contentions of all parties are expressly kept open.

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8. Petition is disposed of with liberty as aforesaid.

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M. S. JAWALKAR, J. M. S. SONAK, J.

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NITI K Digitally signed by NITI K HALDANKAR HALDANKAR Date: 2021.09.23 11:57:53 +05'30'

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Page 2 of 2 22^nd September 2021

The Goa Foundation, Thr. Its Secretary, Dr. Claude Alvares., v. the Dept. of Mines and Geology, Thr. Its Director and 6 Ors.

Case brief

What is this about?

What did the court decide?

The Goa Foundation, Thr. Its Secretary, Dr. Claude Alvares., v. the Dept. of Mines and Geology, Thr. Its Director and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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