Disposed¶17

Jose Joaquim Fernandes and 3 Ors. v. State of Goa, Thr. the Chief Secretary and 7 Ors.

Bombay HC13 Feb 2025PILWP/51/2024

Case brief

AI extract

What is this about?

Goa PIL writ petition; High Court of Bombay at Goa; PILWP 51 of 2024; Jose Joaquim Fernandes v. State of Goa; hotel project; survey no. 117/1 Arossim village Mormugao; technical clearance 13/03/2020; renewal 28/02/2023; GCZMA approval 10/03/2017 clause 12 five-year validity expired 10/03/2022; NGT directions 24/09/2020; protected low-lying area water bodies; Village Panchayat construction permission pending; ad-interim restraint on construction; respondent no. 8 restrained; notice returnable 17/03/2025; Karnik and Mehta JJ.; interim order.

What did the court decide?

Ad-interim relief till the next date: respondent no. 8 restrained from undertaking any construction activity in survey no. 117/1 of Arossim village; notice issued to the respondents, returnable on 17/03/2025. ¶17

Jose Joaquim Fernandes and 3 Ors. vs State of Goa, Thr. the Chief Secretary and 7 Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the technical clearance granted on 13/03/2020 and renewed on 28/02/2023 for the hotel project in survey no. 117/1 of Arossim village was validly extended beyond the five-year validity stipulated in clause 12 of the GCZMA order dated 10/03/2017, and whether it is in breach of the NGT directions dated 24/09/2020. +1 more

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Ratio / Principle

The Court is prima facie satisfied that a case is made out for grant of ad-interim relief till the next date.

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Key takeaways

Ad-interim restraint: respondent no. 8 is restrained from undertaking any construction activity in survey no. 117/1 of Arossim village.ratio¶17
Notice issued to the respondents, returnable on 17/03/2025; the learned AGA (Shirodkar) appeared and waived service on behalf of respondent nos. 1, 3, 4, 5, 6 and 7; the matter is listed on 17/03/2025.ratio¶21

Detailed headnote1 paragraphs

Interim order in Public Interest Litigation (PILWP 51 of 2024), High Court of Bombay at Goa (M. S. Karnik & Nivedita P. Mehta, JJ.), dated 13th February, 2025. Petitioners Jose Joaquim Fernandes and 3 others challenge, inter alia, the technical clearance order dated 13/03/2020 for a hotel project in survey no. 117/1 of Arossim village, Mormugao Taluka, Goa, and its renewal dated 28/02/2023 for three years (13/03/2023 to 13/03/20026 as printed), contending that the extension breaches clause 12 of the GCZMA approval order dated 10/03/2017 (validity limited to five years, said to have expired on 10/03/2022) and the NGT directions dated 24/09/2020; the site is described in submissions as a protected low-lying area comprising water bodies, and the Village Panchayat has not yet granted construction permission. The Court, prima facie satisfied that a case was made out, granted ad-interim relief restraining respondent no. 8 from undertaking any construction activity in survey no. 117/1 of Arossim village till the next date, and issued notice returnable on 17/03/2025, with the learned AGA waiving service for respondent nos. 1, 3-7. No statute or precedent is cited; no final merits adjudication at this stage.

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PILWP 51 of 2024

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shakuntala

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IN THE HIGH COURT OF BOMBAY AT GOA

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PUBLIC INTEREST LITIGATION WP NO.51 OF 2024

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JOSE JOAQUIM FERNANDES AND 3 ORS ... PETITIONERS Versus STATE OF GOA, THR. THE CHIEF SECRETARY AND 7 ORS ... RESPONDENTS

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Mr. Charles Elton Da Gloria Furtado with Dhruv Dhawan, Advocates for the Petitioners.

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Mr. Deep Shirodkar, Additional Government Advocate for Respondent Nos. 1 and 3 to 7.

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CORAM:- M. S. KARNIK & NIVEDITA P. MEHTA, JJ. DATED :- 13th February, 2025

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P.C.

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Heard Mr. Charles Furtado, learned counsel for the petitioners. Learned counsel for the petitioner submits that though technical clearance order is granted on 13/03/2020, the construction has not yet commenced. It is the contention of the learned counsel for the petitioner that the technical clearance is in breach of directions of the NGT dated 24/09/2020. The site in question is a protected low-lying area comprising of water bodies in Arossim village, Mormugao Taluka, Goa.

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Our attention is invited to the renewal of technical clearance order dated 28/02/2023. The technical clearance order dated

Page 1 of 3

13th February, 2025

PILWP 51 of 2024

13/03/2020 was issued for the construction of a hotel project in the property bearing survey no. 117/1 of Arossim village. Such technical clearance order was renewed for a period of three years starting from 13/03/2023 to 13/03/20026, vide order dated 28/02/2023. The Goa Coastal Zone Management Authority (GCZMA for short) while granting approval to the proposal vide order dated 10/03/2017 clearly observed that the clearance is subject to compliance of certain conditions. One such condition is found at clause no. 12 which stipulates that the recommendation/permission shall be valid for five years from the date of issue of the order. Learned counsel for the petitioner submits that the period of five years expired on 10/03/2022. Despite the specific condition, the technical clearance is granted for an extended period in breach of the order dated 10/03/2017 of the GCZMA.

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Mr. Shirodkar, learned AGA brought to our notice that the GCZMA is more in the context of issue of access. It is pointed out that the Village Panchayat has not yet granted the necessary construction permission.

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Prima facie, we are satisfied that a case is made out for grant of ad-interim relief till the next date. The respondent no.8 is restrained from undertaking any construction activity in survey no. 117/1 of Arossim village.

Page 2 of 3

13th February, 2025

PILWP 51 of 2024

Issue notice to the respondents returnable on 17/03/2025. Mr Shirodkar, learned AGA appears and waives service on behalf of respondent nos. 1, 3, 4, 5, 6 and 7. List the matter on 17/03/2025.

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NIVEDITA P. MEHTA, J. M. S. KARNIK, J.

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Signed by: SHAKUNTALA ZALMI Designation: Personal Assistant Date: 14/02/2025 15:55:19

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Page 3 of 3

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13th February, 2025

Jose Joaquim Fernandes and 3 Ors. v. State of Goa, Thr. the Chief Secretary and 7 Ors.

Case brief

What is this about?

What did the court decide?

Jose Joaquim Fernandes and 3 Ors. v. State of Goa, Thr. the Chief Secretary and 7 Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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