Disposed

Gopal Vaman Raut v. the Goa State Pollution Control Board Thr. Its Member Secretary and 7 Ors.

Bombay HC6 May 2024WP/376/2024

Case brief

AI extract

What is this about?

Petitioner challenged non-compliance with a suspension order on an RMC plant by a water-supply contractor. The Court directed the State Pollution Board to decide the consent application within a week. It ordered suspension of operations until consent is granted and directed administrative authorities to expeditiously dispose of pendency issues.

What did the court decide?

Direction to GSPCB to decide consent application within a week; suspension of RMC operations until consent is granted; disposal of pending stop-work order case by June 30.

Gopal Vaman Raut Vs the Goa State Pollution Control… — Environment and Pollution | Bombay HC (2024)

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927 WP-376-2024.DOC

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Jose

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IN THE HIGH COURT OF BOMBAY AT GOA

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WRIT PETITION NO.376 OF 2024

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GOPAL VAMAN RAUT … Petitioner

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Versus

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THE GOA STATE POLLUTION CONTROL BOARD THR. ITS MEMBER SECRETARY AND 7 ORS.

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... Respondents

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Mr A.D. Bhobe with Ms A. Fernandes, Advocates for the Petitioner . Mr Abhijeet Kamat, Advocate for Respondent No.1 .

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Mr D. Pangam, Advocate General with Mr Prashil Arolkar, Additional Government Advocate for Respondent Nos.2, 4, 5 and 7 .

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CORAM: M.S. SONAK & VALMIKI MENEZES, JJ. DATED: 6^th May 2024

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P.C.:

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1. Heard Mr Bhobe for the Petitioner. Learned Advocate General appears with Mr Arolkar, learned Additional Government Advocate for Respondent Nos.2, 4, 5 and 7. Mr Abhijeet Kamat appears for the 1^st Respondent i.e. Goa State Pollution Control Board (GSPCB).

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2. Mr Abhijeet Kamat places on record directions dated 23.04.2024 under Section 33(A) of the Water (Prevention and Control of Pollution) Act, 1972 issued to the 6^th Respondent, who is the Contractor for the

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Page 1 of 3

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6^th May 2024

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927 WP-376-2024.DOC

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Government of Goa involved in a project for supplying raw water from Tillari to Asnora water treatment plant.

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3. The directions dated 23.04.2024 require the 6^th Respondent to close and suspend the operations on a Ready Mix Concrete Plant (RMC plant), until further orders.

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4. Mr Bhobe states that despite this closure/suspension order issued by the GSPCB, the 6^th Respondent is continuing to operate the RMC plant by virtually ignoring the notice issued by the GSPCB.

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5. Learned Advocate General states that the water supply project is in public interest and the RMC plant is put up close to the barrage site for producing concrete close to the site. Learned Advocate General submits that the 6^th Respondent - Contractor has already applied to the GSPCB for consent to operate. He submits that some directions should be issued to the GSPCB for disposing of this application at the earliest. In the meanwhile, the Government will instruct the 6^th Respondent to close/suspend the operations.

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6. The GSPCB is directed to dispose of the 6^th Respondent’s application for consent to operate within a week from today. Such disposal should be in accordance with law and on its own merits. Until the consent to operate is granted, the 6^th Respondent must not operate the Ready Mix Concrete Plant/RMC plant which is the subject matter of the directions dated 23.04.2024.

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7. The GSPCB and the 4^th Respondent i.e. the Deputy Collector and SDO, Bicholim must ensure that there are no operations on the RMC plant

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Page 2 of 3

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6^th May 2024

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927 WP-376-2024.DOC

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until the GSPCB issues the consent to operate.

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8. The Village Panchayat of Salem had issued a stop work order to the 6^th Respondent. However, this stop work order has been stayed by the Additional Director of Panchayat-I (R-7). Based on the stay order, it appears that the 6^th Respondent was continuing with the operations. The operations will now have to be stopped until there is a consent to operate from the GSPCB. In any case, we direct the Additional Director of Panchayat-I (R-7) to dispose of Case No.ADP-I/SAL/PA/108/2024 as expeditiously as possible and in any case not later than 30.06.2024. All parties before the Additional Director must cooperate with the Additional Director in the expeditious disposal of the proceedings. No unnecessary adjournments must be sought or granted in the matter.

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9. This petition is disposed of in the above terms. There shall be no order for costs. All concerned to act on an authenticated copy of this order.

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VALMIKI MENEZES, J. M.S. SONAK, J.

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JOSE FRANCISCO DSOUZA Digitally signed by JOSE FRANCISCO DSOUZA Date: 2024.05.08 10:17:39 +05'30'

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Page 3 of 3 6^th May 2024

Gopal Vaman Raut v. the Goa State Pollution Control Board Thr. Its Member Secretary and 7 Ors.

Case brief

What is this about?

What did the court decide?

Gopal Vaman Raut v. the Goa State Pollution Control Board Thr. Its Member Secretary and 7 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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