Single Judge dismissed the writ petition for lack of jurisdiction, holding the matter should be approached before the National Green Tribunal. The court did not rule on collateral aspects raised.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF BOMBAY AT GOA.
WRIT PETITION NO.82 OF 2021.
UNITED MARINE PRODUCTS, THR. ITS PARTNER, SEBASTIAO DSILVA …. Petitioner.
VS
GOA STATE POLLUTION CONTROL BOARD, THR. ITS MEMBER SECRETARY AND 3 ORS …. Respondents.
Shri N. Takkekar, Advocate for the petitioner. Shri J. Godinho, Advocate for the respondent no.1. Shri S. P. Munj, Addl. Govt. Advocate for the respondent nos.2 and 3.
Coram: DAMA SESHADRI NAIDU, J. Date: 12th February 2021.
P.C.:-
As the primary authority, the first respondent passed an order dated 4.2.2021, requiring the petitioner “to stop the operation of your unit till Board approve the design, methodology and disposal facility of the Effluent Treatment Plant (ETP) with immediate effect …”
not stayed the first respondent's order in its entirety. So the petitioner has filed this Writ Petition.
I, therefore, close this Writ Petition.
DAMA SESHADRI NAIDU, J.
vn*
Digitally signed by VINITA VIKAS VINITA VIKAS NAIK NAIK Date: 2021.02.16 14:10:54 +05'30'
2 issues framed by the court
Whether the High Court has jurisdiction to entertain a writ petition challenging the Administrative Tribunal's suspension of an order.
Whether the matter should have been approached before the National Green Tribunal under Section 16 of the National Green Tribunal Act.
4 provisions across 4 enactments
UNITED MARINE PRODUCTS, THR. ITS PARTNER, SEBASTIAO DSILVA
GOA STATE POLLUTION CONTROL BOARD, THR. ITS MEMBER SECRETARY AND 3 ORS
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
