Allowed

Hanumant Chandrakant Parab v. the State of Goa, Thr. Its Chief Secretary and 9 Ors.

Bombay HC17 Apr 2023PILWP/22/2022

Case brief

AI extract

What is this about?

The High Court Goa made temporary directions for de-siltation of 5,000 square metres expeditious. Petitioner allowed to represent for larger area within 15 days for consideration with hearing.

What did the court decide?

Interim and other orders made absolute. Liberty granted to petitioner to submit representation regarding de-siltation area within 15 days for decision with hearing opportunity.

Hanumant Chandrakant Parab Vs the State of Goa… — Environment and Pollution | Bombay HC (2023)

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3 PILWP 22 OF 2022.ODT

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Esha

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IN THE HIGH COURT OF BOMBAY AT GOA

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PIL WRIT PETITION NO. 22 OF 2022

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HANUMANT CHANDRAKANT PARAB

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… PETITIONER

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THE STATE OF GOA, THR. ITS CHIEF SECRETARY AND 9 ORS. … RESPONDENTS

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Ms Norma Alvares with Mr Om D'Costa, Advocates for the Petitioner.

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Mr Devidas J. Pangam, Advocate General with Mr Deep D. Shirodkar, Additional Government Advocate for Respondent Nos. 1, 2, 3, 6 and 8.

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CORAM: M. S. SONAK & VALMIKI SA MENEZES, JJ. DATED: 17^th APRIL 2023

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ORAL ORDER:

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1. Heard Ms Alvares who appears with Mr Om D’Costa for the petitioner and the learned Advocate General appearing along with Mr Shirodkar for the respondents.

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2. From time to time we have made orders in this Petition and Ms Alvares, the learned Counsel for the petitioner states that the same was duly complied with. Accordingly, the interim and the

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Page 1 of 3
17th April 2023

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3 PILWP 22 OF 2022.ODT

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other orders made in this Petition from time to time are now
made absolute.

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3. The Director of Mines and Geology, in pursuance of the orders made by us, has issued a direction dated 31.03.2023 to M/s R.S. Shetye & Brothers, Mr Carminho Costa, M/s Cosme Costa & Sons and M/s Sesa Resources Limited, requiring these parties to contribute an amount of 18,22,700/- for de-siltation ₹ of an area of approximately 5,000 square metres from Survey No. 45/12 of Village Pissurlem, Sattari. This notice/direction dated 31.03.2023 refers to a report of the Agriculture Department stating that an area of approximately 5,000 square metres from out of Survey No. 45/12 needs to be de-silted so that the agricultural operations can commence. This notice also refers to the de-siltation of the natural lake at the site.

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4. Ms Alvares submits that de-siltation of an area of only 5,000 square metres would not suffice. She states that an area of approximately 50,000 to 60,000 square metres would have to be silted.

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5. For the present, the Director of Mines and Geology can proceed based upon the report of the Agriculture Department and complete the work of de-siltation to the extent of 5,000 square metres as expeditiously as possible. Further, we grant

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17th April 2023

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3 PILWP 22 OF 2022.ODT

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liberty to the petitioner to make a representation to the Director
of Mines and Geology about their claim and the area which needs
to be de-silted and along with the representation the petitioner
can produce proper material to justify their claim/demand. If
such a representation is indeed made within 15 days from today,
then, the Director of Mines and Geology is to consider and
dispose of the same, and if necessary, by giving an opportunity of
hearing to the petitioner and also the Mining Companies. All
contentions of all parties in this regard are kept open.

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6. Ms Alvares, on instructions from the petitioner, states that the petitioner appreciates and is grateful for the steps taken by the respondents for providing drinking water to the Village of Pissurlem.

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7. This Petition is disposed of in the above terms. There shall be no order as to costs.

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8. All concerned to act on an authenticated copy of this order.

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VALMIKI SA MENEZES, J.

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M. S. SONAK, J.

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Page 3 of 3
17th April 2023

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VAIGANKAR Digitally signed by VAIGANKAR ESHA SAINATH ESHA SAINATH Date: 2023.04.18 10:34:58 +05'30'

Hanumant Chandrakant Parab v. the State of Goa, Thr. Its Chief Secretary and 9 Ors.

Case brief

What is this about?

What did the court decide?

Hanumant Chandrakant Parab v. the State of Goa, Thr. Its Chief Secretary and 9 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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