Petitioner filed a writ petition challenging Orders stopping commercial activities on CRZ violation allegations. Court declined to exercise Article 227 jurisdiction but granted a four-week stay to prevent irreparable prejudice.
Impugned order stayed not to be given effect to for four weeks.
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wp no.116 of 2021
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IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO.116 OF 2021
NIMPHA RODRIGUES ….PETITIONER
Versus
STATE OF GOA, THR. ITS CHIEF SECRETARY & 4 ORS
... RESPONDENTS
Shri Parag Rao and Ms. S. Kushawaha, Advocates for the Petitioner. Ms. M. Correia, Additional Government Advocate for the Respondents.
Coram:- DAMA SESHADRI NAIDU, J.
Date:- 24 February 2021
ORAL ORDER :
This matter arises out of the Environment (Protection) Act, 1986. The specific allegation concerns the violation of CRZ Regulations; it was in response to the notice issued by the second respondent. The petitioner initially took a couple of adjournments before it could file its reply. As the record bears out, the petitioner filed its reply on 16.02.2021. But before that, in its meeting dated 28.01.2021, the GCZMA noted that the petitioner had not filed its reply as yet. Then, it issued an interim direction to the petitioner to stop all commercial activities until further orders. The order, it seems, was passed on 18.02.2021, but it reached the petitioner on 22.02.2021. Assailing that order, the petitioner has filed this Writ Petition.
2 wp no.116 of 2021
attention to Section 16(g) of the National Green Tribunal Act, 2010. According to her, the petitioner has an efficacious alternative remedy; it must go before the National Green Tribunal.
DAMA SESHADRI NAIDU, J.
NH
Digitally signed by NITI K NITI K HALDANKAR HALDANKAR Date: 2021.03.05 13:50:18 +05'30'
2 issues framed by the court
Whether the High Court should exercise its jurisdiction under Article 227 of the Constitution given the availability of an efficacious alternative remedy at the National Green Tribunal.
Whether the petitioner should be put to prejudice by an interim stay to allow time to explore remedies.
NIMPHA RODRIGUES
STATE OF GOA, THR. ITS CHIEF SECRETARY & 4 ORS
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
