Allowed

Mr Vijay Engineers v. the Goa Coastal Zone Management Authoriy

NGT2 Aug 2024IA No. 234/2024 in Appeal No. 58/2018

Case brief

AI extract

What is this about?

The National Green Tribunal Bench allowed an interim application to substitute legal heirs under the Portuguese Civil Code. On merits, it set aside an impugned order of the GCZMA due to violation of natural justice (denial of hearing), remanding the matter afresh after providing notice and an opportunity of hearing to the appellant and deciding documents.

What did the court decide?

Impugned GCZMA order set aside; matter remanded to GCZMA to decide afresh after providing notice and hearing opportunity; I.A. allowed to substitute legal heirs.

Mr Vijay Engineers vs the Goa Coastal Zone Management… — Environment and Pollution | NGT (2024)

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(Pune Bench)

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Item No.5

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BEFORE THE NATIONAL GREEN TRIBUNAL WESTERN ZONE BENCH, PUNE

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THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)

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Appeal No.58/2018(WZ) I.A. No.234/2024(WZ)

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(Disposed of on 16.08.2018) Restored on 11-3-2024 by the Ho’ble Supreme Court of India

M/s. Vijay Engineers

…..Appellant

Versus

Goa Costal Zonal Management Authority & Ors.

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….Respondents

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Date of hearing: 02.08.2024

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CORAM: HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER

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Appellant : Mr. Shivshankar Swaminathan, Advocate Respondent(s) : Ms. Manasi Joshi, Advocate for R-1/GCZMA & R-2/Dy. Collector & SDO

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ORDER

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I.A. No.234/2024(WZ)

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This I.A. has been filed seeking substitution of (L.Rs.) representatives of the deceased appellant i.e. (a) Shruti @ Richa Anand Shirodkar (daughter) and (b) Chandan Shabi Kanolkar (son-in-law).

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The learned counsel Mr. Shivshankar Swaminathan representing appellant submits that he has made the son-in-law of the deceased as party by substituting him as one of the legal heirs, based on the provisions of Portuguese Civil Code, 1867 and for that, he has drawn our attention to Article 1099 – contract of communion of assets between spouses read-with Article 1108Contract of communication of matrimonial estate, which would confer the right on the son-in-law as well to be 50% partner of the property, hence it is being said that son-in-

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law should be treated to be legal heir and hence he is entitled to be substituted in place of the deceased appellant.

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Since there is no objection filed against this I.A., we allow the I.A. No.234/2024(WZ) and direct the learned counsel for appellant to substitute the names of these legal heirs in place of the deceased appellant, today itself.

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I.A. No.234/2024(WZ) stands disposed of accordingly.

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Appeal No.58/2018(WZ)

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We have proceeded to hear the appeal on merits.

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At the outset, the learned counsel Ms. Manasi Joshi representing respondent No.1- GCZMA and respondent No.2- The Deputy Collector & SDO, Government of Goa has candidly admitted before us that an opportunity of hearing could not be given to the appellant because the notice of personal hearing could not be served upon the appellant. Therefore, it would be appropriate to remand the matter to the GCZMA for deciding the same afresh after providing an opportunity of hearing to the concerned parties.

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From the side of appellant, it is being said by the learned counsel that liberty may also be provided to the appellant to extend all the necessary documents before the GCZMA, which could not be placed earlier. It is also pointed out by the learned counsel for appellant that Hon'ble Supreme Court, while remanding the matter vide order dated 11.03.2024 in Civil Appeal No.10115 of 2018 (M/s. Vijay Engineers vs. The Goa Coastal Zone Management Authority & Ors.) , which was preferred against the order dated 16.08.2018 of this Tribunal dismissing the present appeal, had directed that the appeal would be decided afresh after giving an opportunity to all the parties before disposal. It is also

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recorded in that order that the parties will be permitted to file such additional documents as may be necessary for effective disposal of the appeal.

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We find one of the main grounds set up by the appellant in filing the present appeal is that the appellant did not receive notice of personal hearing scheduled on 26.06.2018 and also the Inquiry Report of the respondent No.1- GCZMA, as such appellant was deprived of the right of hearing.

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The above ground is being accepted to be true by the learned counsel for respondent No.1. Therefore, we deem it appropriate to set aside the impugned order dated 06.07.2018 passed by the respondent No.1- GCZMA on the ground that an opportunity of hearing was not given to the appellant while passing the impugned order. It is accordingly set aside with a direction that appellant shall approach the GCZMA within one month and will place its case along-with all the relevant documents before the GCZMA for deciding the same afresh after giving an opportunity of hearing to all the parties concerned, within next month.

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In view of above direction, we dispose of this appeal accordingly.

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Dinesh Kumar Singh, JM

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Dr. Vijay Kulkarni, EM

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August 02, 2024 Appeal No. 58/2018(WZ) I.A. No.234/2024(WZ) (Disposed of on 16.08.2018) Restored on 11-3-2024 by the Ho’ble Supreme Court of India P.Kr

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Mr Vijay Engineers v. the Goa Coastal Zone Management Authoriy

Case brief

What is this about?

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Mr Vijay Engineers v. the Goa Coastal Zone Management Authoriy

Case brief

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