The Communidade of Murda Thr. Its Attorney Dr. Xavier Martins vs the State of Goa Thr. the Chief Secretary and 13 Ors.

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21 PILWP 39 2018

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2026:BHC-GOA:571-DB

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Suzana

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IN THE HIGH COURT OF BOMBAY AT GOA

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PUBLIC INTEREST LITIGATION WP NO.39 OF 2018 WITH MISC.CIVIL APPLICATION NO.306 OF 2025 (F), MISC.CIVIL APPLICATION NO.154 OF 2026, MISC.CIVIL APPLICATION NO.864 OF 2026 (F)

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PUBLIC INTEREST LITIGATION WP NO.39 OF 2018

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KASHINATH JAIRAM SHETYE AND 8 ORS., ... PETITIONER Versus THE STATE OF GOA, THR. THE CHIEF SECRETARY AND 13 ORS. ... RESPONDENTS

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WITH MISC.CIVIL APPLICATION NO.306 OF 2025 (F) IN PUBLIC INTEREST LITIGATION WP NO.39 OF 2018 SARVESH KHANDOLKAR ... APPLICANT Versus

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THE STATE OF GOA, THR. THE CHIEF SECRETARY AND 13 ORS. ... RESPONDENTS

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WITH MISC.CIVIL APPLICATION NO.154 OF 2026 IN

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PUBLIC INTEREST LITIGATION WP NO.39 OF 2018 THE COMMUNIDADE OF MURDA THR. ITS ATTORNEY DR. XAVIER MARTINS ... APPLICANT Versus THE STATE OF GOA THR. THE CHIEF SECRETARY AND 13 ORS. ... RESPONDENTS

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WITH MISC.CIVIL APPLICATION NO.864 OF 2026 (F) IN

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PUBLIC INTEREST LITIGATION WP NO.39 OF 2018 THE COMUNIDADE OF MURDA THR XAVIER MARTIN ... APPLICANT Versus THE STATE OF GOA THR THE CHIEF SECRETARY AND 13 ORS ... RESPONDENTS Mr. Nigel Da Costa Frias, Advocate - Amicus Curiae with Mr.

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21 PILWP 39 2018

Vineet Surlakar, Advocate.

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Mr. Deep Shirodkar, Additional Government Advocate for Respondent Nos. 1,2, 4, 5, 6, 7 and 9.

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Mr. Joaquim Godinho, Advocate for Respondent No. 3. Ms. Annelise Fernandes, Advocate for Respondent No. 10. Ms. Krupa Naik, Advocate for Respondent No.11.

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Mr. Prayash Shirodkar, Advocate for Respondent No. 12.

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Mr. Nigel Fernandes, Advocate for Respondent No. 13.

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CORAM:- VALMIKI MENEZES & AMIT S. JAMSANDEKAR, JJ.

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DATED :- 24th March, 2026

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P.C.

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The directions of this Court under Order of 20.01.2026, the Respondent No.13 was directed to remove the landfill/soil/mud dumped from the bund which has been created in Survey No.93/1 to 93/10 of Village Murda, Tiswadi. The Respondent No.13 has today filed an affidavit stating that the excess soil which constitutes the bund constructed in Survey No.93/1 has been fully removed from Survey No.93/1. The affidavit also states that for the balance area comprising Survey Nos.93/2 to 93/10, the time stipulated in our Order of 20.01.2026 be extended until 31.06.2026.

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We have also considered the Miscellaneous Civil Application No.154 of 2026, which seeks extension of the timelines stipulated in the aforesaid Order. Registry to waive office objections and register the Miscellaneous Civil Application.

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For the reasons stated in the Miscellaneous Civil Application No.154 of 2026, we extend the timelines specified in our Order of 20.01.2026 until 30.05.2026; we are reluctant to grant further time, since we have considered that the monsoons would set in in the first week of June 2026, making it impossible for the heavy vehicles such as trucks and JCBs to operate in that marshy area, to complete the excavation. The Respondent No.13 shall complete the works directed under the Order dated 20.01.2026 by 30.05.2026. The Goa Coastal Zone Management Authority (GCZMA) and the Task Force shall place on record a periodic inspection report and their opinion as to whether the Orders have been complied with.

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This direction would suffice to dispose of the Miscellaneous Civil Application No.154 of 2026. The application stands disposed of.

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The Respondent No.13 has expressed certain difficulties in the works of removal of the excess soil from the said bund from the aforementioned Survey numbers. The main difficulty expressed is that there are certain plants and shrubs along the area that require excavation. The further difficulty expressed is that there is no designated site in which the soil that has been excavated can be dumped as a landfill.

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Considering that the Task Force is comprised of Officers from the Office of the Collector, North Goa, the GCZMA and of the Goa

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24th March, 2026

21 PILWP 39 2018

Biodiversity Board, we deem it appropriate that the Task Force designate certain landfill sites where the excavated soil from land under Survey No. 93/1 to 93/10 would be deposited. The Task Force to take assistance from the Public Works Department to designate such landfill sites. These directions are made in view of the fact that dumping of the soil from the excavation works should not cause additional inconvenience issues. The Task Force shall arrive at a decision with the assistance of the Public Works Department to designate a landfill site, preferably by 04.04.2026. The Task Force and the GCZMA may place an interim report of the works carried out at the site by the next date of hearing.

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Pursuant to further directions which had been issued by us in paragraphs 8 and 9 of our Order dated 20.01.2026, the GCZMA shall place on record a compliance report by the next date of hearing. So also, the Panchayat shall place on record the compliance report with regard to directions contained in paragraph 7 of the Order of 20.01.2026, whereby they were required to identify and initiate action against the structures identified by the Task Force in its report. This compliance shall be filed by 05.04.2026.

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List the matter on 20.04.2026.

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AMIT S. JAMSANDEKAR, J. VALMIKI MENEZES, J.

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Signed by: MARIA SUZANA REBELLO Designation: Personal Assistant Date: 24/03/2026 17:34:58

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24th March, 2026

The Communidade of Murda Thr. Its Attorney Dr. Xavier Martins v. the State of Goa Thr. the Chief Secretary and 13 Ors.

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The Communidade of Murda Thr. Its Attorney Dr. Xavier Martins v. the State of Goa Thr. the Chief Secretary and 13 Ors.

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