Partly allowed

Sergio Dias v. Goa Coastal Zone Management Authority

NGT6 Feb 2024IA No. 25/2024 in Appeal No. 9/2023

Case brief

AI extract

What is this about?

The National Green Tribunal allowed I.A. No.15/2024 to implead legal heirs of a deceased respondent and directed amendment of the appeal memo. It allowed I.A. No.25/2024 to produce additional documents, granting two weeks for rebuttal. Further consideration was adjourned to April 10, 2024.

What did the court decide?

IA No.15/2024 allowed; impleadment of legal heirs permitted. IA No.25/2024 allowed; additional documents accepted with two weeks time for rebuttal. Appeal adjourned to 10.04.2024.

Sergio Dias vs Goa Coastal Zone Management Authority — Writ and Judicial Review | NGT (2024)

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Item No.4

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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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APPEAL NO.09 OF 2023 (WZ) WITH

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I.A. NOS.63/2023, 15/2024 & 25/2024, ALL IN APPEAL NO.09/2023

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Sergio Dias …. Appellant/

Applicant Versus

GCZMA & Anr.

.…Respondents

Date of hearing: 06.02.2024

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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/Applicant : Mr. Shivan Desai, Advocate along with Mr. Shivshankar Swaminathan, Advocate

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Respondents : Ms. Supriya Dangare, Advocate for R-1 GCZMA

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ORDER

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From the side of the appellant/applicant, learned counsel Mr. Shivan Desai has appeared.

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From the side of respondent No.1 – GCZMA, learned counsel Ms. Supriya Dangare has appeared and submits that she would be relying on the impugned order passed by respondent No.1 – GCZMA and would not be filing separate reply-affidavit.

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I.A. No.15/2024 (WZ) :

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This I.A. has been filed by the appellant/applicant with a prayer to permit the applicant to bring on record the legal heirs of deceased respondent No.2 – Leonard Azaredo namely (2a) Branca Jasmina Azaredo and (2b) Aloysius S.A. Azaredo. The said application has been filed in compliance of our order dated 03.01.2024 against which there is no objection from the side of respondent No.1 – GCZMA. Therefore, the said application (I.A.) is allowed. We direct the learned counsel for the

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[NPJ] Page 1 of 2

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appellant/applicant to amend the Appeal memo by impleading above two legal heirs of deceased respondent No.2 in the array of respondents and file the amended memo of parties in the appeal within two days and after impleadment of those two legal heirs as respondents, we direct the Registry to issue notice to the newly impleaded/substituted respondents in appeal, returnable within four weeks. I.A. No.15/2024 is disposed of.

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I.A. No.25/2024 (WZ) :

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This I.A. has been filed by the appellant/applicant with a prayer to permit the applicant to produce additional documents on record, which are annexed to the application, on the ground that they are necessary documents for disposal of this appeal. In view of the ground stated in the application, this I.A. is allowed. The learned counsel for respondent No.1

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– GCZMA submits that she may be granted time to file documents in rebuttal of the documents now filed by the applicant. We allow her time of two weeks to file the documents in rebuttal. I.A. No.25/2024 is disposed of.

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As far as Appeal No.09/2023 and I.A. No.63/2023 are concerned, put up these matters on 10.04.2024 for further consideration.

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The interim relief granted by the Hon’ble High Court and continued by this Tribunal vide order dated 28.02.2023, shall continue till the next date.

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Dinesh Kumar Singh, JM

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Dr. Vijay Kulkarni, EM

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February 6, 2024 APPEAL NO.09/2023 (WZ) npj

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[NPJ] Page 2 of 2

Sergio Dias v. Goa Coastal Zone Management Authority

Case brief

What is this about?

What did the court decide?

Sergio Dias v. Goa Coastal Zone Management Authority

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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