Maria Antonette Fernandes Vs the Member Secretary, the Goa Coastal Zone Management Authority — Bombay HC (2025) — LawSathi Research

Maria Antonette Fernandes Vs the Member Secretary, the Goa Coastal Zone Management Authority — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition dismissed on maintainability; however, GCZMA directed not to execute the impugned demolition order for 15 days; Petitioner at liberty to file an appeal before the NGT (Petitioner's counsel indicated the appeal would be presented within a week), with any delay caused by the filing of this petition to be considered by the NGT.

Issue for consideration

Whether the writ petition challenging the GCZMA demolition decision dated 08.05.2025 is maintainable, given the alternate and efficacious remedy of appeal under Section 16 of the Green Tribunal Act, 2010 before the National Green Tribunal (NGT).

Court's answer

The writ petition could not be maintained on the grounds of challenge alone, since an alternate and efficacious remedy exists under Section 16 of the Green Tribunal Act, 2010 by way of appeal before the National Green Tribunal (NGT).

Ratio / Principle

As an interim measure, the GCZMA was directed not to execute the impugned demolition order for a period of 15 days from the date of this order.

Key takeaways

Although the petition was filed within the period of limitation under the Act, having been rejected on maintainability the Petitioner may approach the NGT, and the NGT may consider any other delay caused by the filing of this petition and pass orders based on these facts.obiter¶¶20

Detailed headnote1 paragraphs

Writ Petition No. 248 of 2025 (High Court of Bombay at Goa, Valmiki Menezes, J., 3rd July 2025) — Maria Antonette Fernandes v. The Member Secretary, Goa Coastal Zone Management Authority. The petition challenged the GCZMA decision dated 08.05.2025 directing demolition of structures alleged to have been constructed by the Petitioner in Survey Nos. 128/1 to 128/8 and 128/13 to 128/16 of village Anjuna; per the Petitioner, the decision originated in the GCZMA's 399th meeting dated 16.05.2024 and was re-instituted in December 2024 before communication. Held, dismissing the petition: whatever the grounds of challenge, an alternate and efficacious remedy lies under Section 16 of the Green Tribunal Act, 2010 by way of appeal before the National Green Tribunal (NGT), so the petition could not be maintained on those grounds alone; the petition had been filed within the period of limitation under the Act, and the NGT may consider any delay caused by its filing. Interim protection: the GCZMA was directed not to execute the impugned order for 15 days. All concerned to act on an authenticated copy of the order.

2025:BHC-GOA:1096

WP 248 of 2025

Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.248 OF 2025

MARIA ANTONETTE FERNANDES ... PETITIONER Versus

THE MEMBER SECRETARY, THE GOA COASTAL ZONE MANAGEMENT AUTHORITY ... RESPONDENT

Mr. Balkrishna Sardessai with Ms. Vibha Patkar, Advocates for the Petitioner.

Mr. Shubham Priolkar, Additional Government Advocate for the Respondent.

CORAM:- VALMIKI MENEZES, J.

DATED :- 3rd July, 2025

P.C.:

Registry to waive objections and register the matter.

This is a petition challenging the decision of the Goa Coastal Zone Management Authority (GCZMA) dated 08.05.2025, directing the demolition of certain structures alleged to have been constructed by the Petitioner in the Survey Nos. 128/1, 2, 3, 4, 5, 6, 7, 8, 13, 14, 15, and 16 of the village of Anjuna.

The main contention raised in the petition was that the decision was taken by the GCZMA in its 399th meeting dated 16.05.2024, but

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3rd July, 2025

WP 248 of 2025

this decision by the Member Secretary and the authority was re-instituted in December 2024, after which the decision was communicated to the Petitioner.

Whatever may be the grounds of challenge, considering that there is an alternate and efficacious remedy under Section 16 of the Green Tribunal Act, 2010, by way of Appeal before the National Green Tribunal (NGT), the present petition could not be maintained on that ground alone. This petition has been otherwise filed within a period of limitation under the Act, but considering the fact that it has been rejected on maintainability, the Petitioner can approach the NGT. If there is any other delay that was caused by the filing of this petition, the NGT may consider the same and pass its orders based on these facts.

The learned Advocate for the Petitioner on instructions submits that he would present an Appeal before the NGT, within a week from today. He submits that the demolition shall be executed, in the meantime, rendering her Appeal infructuous.

Considering these circumstances, the GCZMA shall not execute the impugned order for a period of 15 days from today.

The Petition is dismissed.

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WP 248 of 2025

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

VALMIKI MENEZES, J.

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3rd July, 2025