Disposed

Bosco Cruz Fernandes Alias Cruz Austin Fernandes v. Goa Coastal Zone Management Authority

NGT6 Feb 2025IA No. 8/2025 in Appeal No. 9/2025

Case brief

AI extract

What is this about?

The Tribunal condoned an 8-day delay in filing an interim application in the main appeal. Directions were issued for respondents to file affidavits, and existing orders regarding property use and status quo were extended.

What did the court decide?

Delay of 08 days in filing I.A. No.08/2025 condoned and application disposed of.

Bosco Cruz Fernandes Alias Cruz Austin Fernandes vs Goa… — Environment and Pollution | NGT (2025)

¶1

(Pune Bench)

¶2

Item No.6

¶3

BEFORE THE NATIONAL GREEN TRIBUNAL WESTERN ZONE BENCH, PUNE

¶4

[THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)]

¶5

I.A. No.08/2025 (WZ) In

¶6

Appeal No.09/2025 (WZ) Caveat No.19/2024 (WZ)

Bosco Cruz Fernandes

…..Appellant

Versus

GCZMA & Ors.

….Respondents

Date of hearing: 06.02.2025

¶13

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

¶14

Appellant : Mr. D. Lawande, Advocate along-with Mr. Chiran Aangle, Advocate and Mr. Shivshankar Swaminathan, Advocate Respondents : Mr. Samuel Abraham, Advocate h/f Mr. Richard Almeida, Advocate for R-2 & 3 Mr. Rohit Bras De Sa, Advocate along-with Mr. Joel Pinto, Advocate for R-4

¶15

ORDER

¶16

I.A. No.08/2025 (WZ)

¶17

From the side of respondent No.4-Mrs. Lily Andrade (Complainant), learned counsel Mr. Rohit Bras De Sa has appeared before us, who submits that he has no objection to the delay condonation application being allowed.

¶18

From the side of respondent No.2- Mrs. Joanna Maria alias Maggie Fernandes and for respondent No.3- Mr. Joseph Anthony alias Anthon Fernandes, learned counsel Mr. Samuel Abraham, holding brief of

¶19

Page 1 of 3

¶20

learned counsel Mr. Richard Almeida, has appeared before us, who submits that he has also no objection to the delay condonation application being allowed.

¶21

None has appeared from the side of respondent No.1- GCZMA to oppose the delay condonation application being allowed. Therefore, we presume that even respondent No.1 does not have objection to the delay condonation application being allowed.

¶22

In view of above observations, we condone the delay of 08 days in filing the present appeal and allow this I.A.

¶23

I.A. No.08/2025 (WZ) stands disposed of accordingly.

¶24

Appeal No.09/2025 (WZ)

¶25

We direct the learned counsel for respondent Nos.2 to 4 to file their reply affidavits to the main appeal within a period of four weeks.

¶26

Since none has appeared today from the side of respondent No.1GCZMA despite the fact that on the earlier date, learned counsel Ms. V. Gracias had appeared to represent respondent No.1, we direct the learned Registrar of this Tribunal to write a letter to the said Authority directing therein to ensure presence of someone from their side before this Tribunal on the next date positively and file their reply affidavit in this matter within a period of four weeks, failing which we would be compelled to pass an order for personal appearance of the Member Secretary, GCZMA before this Tribunal to show the cause.

¶27

Registry is directed to list main matter for further consideration on 04.04.2025.

¶28

The direction, which we had passed on the earlier date i.e. on 10.01.2025 regarding the property of the Project Proponent be not used

¶29

Page 2 of 3

¶30

for any commercial purposes, shall be continued to be in force till the next date of hearing.

¶31

Also, the direction, which we had passed on the earlier date i.e. on 10.01.2025 in para no.10, regarding status quo to be maintained, shall be continued to be in force till the next date of hearing.

¶32

Dinesh Kumar Singh, JM

¶33

Dr. Vijay Kulkarni, EM

¶34

February 06, 2025 I.A. No.08/2025 (WZ) In Appeal No.09/2025 (WZ) Caveat No.19/2024 (WZ) P.Kr

¶35

Page 3 of 3

Bosco Cruz Fernandes Alias Cruz Austin Fernandes v. Goa Coastal Zone Management Authority

Case brief

What is this about?

What did the court decide?

Bosco Cruz Fernandes Alias Cruz Austin 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

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sayyed Mohammed Sabir Usman vs Union of India through Secretary Ministry of Environment Forest & Climate Change

Sayyed Mohammed Sabir Usman vs Union of India through Secretary Ministry of Environment Forest & Climate Change

1. Jharana Dehury Aged About 39 Years vs 1. Union of India through the Secretary Ministry of Environment Forests and Climate Change

Tribunal on Its Own Motion Suo Motu Based on the News Item in the Indian Express Dt 03RD November 2023 Titled Tn Activists Allege Drinking Water Supplied from Madambakkam Lake in Tambaram Contaminated With Sewage Civic Body Disagrees vs Tamil Nadu Pollution Control Board

Shri Omprakash Somani vs 1. State of Rajasthan through Chief Secretary

Shri Omprakash Somani vs 1. State of Rajasthan through Chief Secretary

Kissan Udey Samiti vs State of Haryana

Praveen Kumar Gautam vs State of Uttarakhand

Babasaheb Mahadev Patil vs 1. M/S. Shikshan Maharshi Dnyandeo Mohekar Agro Industries Ltd.

Sayyed Mohammed Sabir Usman vs Union of India through Secretary Ministry of Environment Forest & Climate Change

Sayyed Mohammed Sabir Usman vs Union of India through Secretary Ministry of Environment Forest & Climate Change

News Item Titled How Banni Grasslands of Kachchh Gujarat Can Be Restored Appearing in the Hindu Dated 20.08.2024 vs Principal Chief Conservator of Forest Gujarat

Vernon Rodrigues vs Goa Coastal Zone Management Authority

Mr Srinivas M Metha vs Goa Pollution Control Board through Member Secretary