Dismissed

Lloyd St Jude Joachim Fernandes v. Goa Coastal Zone Management Authority

NGT11 Sept 2024IA No. 239/2024 in Appeal No. 142/2024

Case brief

AI extract

What is this about?

The National Green Tribunal rejected an interlocutory application seeking preponement of a final hearing date for Appeal No.142/2024. The court fixed the matter for hearing on 18.10.2024 and granted interim relief restraining the demolition of the structure until that date.

What did the court decide?

Interim direction restraining Respondent No.1 from demolishing any structure until 18.10.2024.

Lloyd St Jude Joachim Fernandes vs Goa Coastal Zone Management Authority — NGT (2024) — LawSathi Research

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(Pune Bench)

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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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INTERLOCUTORY APPLICATION NO.239 OF 2024 (WZ) IN

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APPEAL NO.142 OF 2024 (WZ)

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Lloyd St. Jude Joachim Fernandes

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…. Applicant

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Versus

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G.C.Z.M.A. & Ors. .… Respondents

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Date of Hearing : 11.09.2024

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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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Applicant : Mr. Dattaprasad Lawande, Advocate along with Mr. Pradosh Dangui and Mr. Shivshankar Swaminathan, Advocates

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Respondents : Ms. Manasi Joshi, Advocate for R-1/GCZMA Mr. Maitraya Ghorpade, Advocate for R-3

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ORDER

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This matter (I.A. No.239/2024) is not on today’s Board. On mentioning thereof by the learned counsel for the applicant, it is taken up for consideration.

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This application has been filed with a prayer that Appeal No.142/2024, in which the present I.A. has been moved, may be fixed for final hearing at an early date.

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The learned counsel for the applicant states that a part of the structure was illegally constructed by the applicant/appellant as per the inspection carried out by the officers of respondent No.1-GCZMA, but they are going to demolish the entire structure instead of demolition of illegal structure. Therefore, this matter may be listed for final hearing at an early date. The learned counsel states that he has informed about the

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Page 1 of 2

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preponement of the date of hearing to the learned counsel Ms. Manasi Joshi and Mr. Maitraya Ghorpade representing for respondent No.1-GCZMA and respondent No.3-the Goa Foundation, respectively, who are present before us today.

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We enquired from learned counsel Ms. Manasi Joshi, representing respondent No.1-GCZMA as to whether the demolition of entire structure is going to to take place, to which she states that she has been engaged by respondent No.1 today only and hence, she cannot make any submission in that regard.

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Looking to the fact that this matter (Appeal No.142/2024) is already fixed for further hearing on 18.10.2024, which is not far long, it is not possible to prepone the hearing of this matter as prayed for by the applicant. Therefore, we reject the present application (I.A.No.239/2024) and direct the Registry to place the matter (Appeal No.142/2024) for final hearing/arguments on the next date already fixed i.e. 18.10.2024.

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By way of interim order, Respondent No.1/GCZMA is directed not to demolish any structure till the next date i.e. 18.10.2024.

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Dinesh Kumar Singh, JM

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Dr. Vijay Kulkarni, EM

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September 11, 2024 I.A. No.239/2024(WZ) npj

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Page 2 of 2

Lloyd St Jude Joachim Fernandes v. Goa Coastal Zone Management Authority

Case brief

What is this about?

What did the court decide?

Lloyd St Jude Joachim Fernandes v. Goa Coastal Zone Management Authority

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

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