Oswald Fernandes v. 1THE Goa Coastal Zone Management Authority through Its Member Secretary

NGT16 Mar 2026IA No. 45/2026 in Original Application No. 42/2023

Case brief

AI extract

What is this about?

Short order from the NGT Western Zone Bench disposing of an interim application regarding bench nomination and directing the Registrar to summon NCSCM to appear and file a reply affidavit regarding the challenge to the Coastal Zone Management Plan 2011.

What did the court decide?

Directio for Registrar to summon NCSCM to appear and file reply affidavit within two weeks, with a copy served to all parties.

Oswald Fernandes vs 1THE Goa Coastal Zone Management… — Environment and Pollution | NGT (2026)

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Item No.1

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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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ORIGINAL APPLICATION NO.42 OF 2023 (WZ) I.A. NO.45 OF 2026 (WZ)

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Mr. Oswald Fernandes & Anr.

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…..Applicants

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Versus

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GCZMA through its Member Secretary & Ors.

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….Respondents

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Date of hearing: 16.03.2026

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CORAM: HON’BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER HON’BLE MR. SUDHIR KUMAR CHATURVEDI, EXPERT MEMBER

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Applicants : Mr. Aagney Sail, Advocate Respondents : Ms. Supriya Dangare, Advocate for R-1/GCZMA & R-4/WRD Mr. Pushkal Mishra, Advocate for R-2/MoEF&CC Mr. Shivshankar Swaminathan, Advocate for R-5.

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ORDER

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At the very outset, learned counsel for the applicants has drawn our attention to I.A. No.45 of 2026 (WZ), wherein prayer is made for a direction to be issued for nomination of fresh Bench excluding Hon’ble Expert Member- Dr. Sujit Kumar Bajpayee.

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Since the nomination of another Bench has already been done by the Hon’ble Chairperson, I.A. No.45 of 2026 (WZ) stands disposed of.

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ORIGINAL APPLICATION NO.42 OF 2023 (WZ)

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Learned counsel Mr. Shivshankar Swaminathan, appearing for Respondent No.5- Mrs. Sevana Zemira Jacques, has sought two weeks’ time to file reply to the rejoinder affidavit dated 11.02.2026 filed by the applicants on 15.02.2026.

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Page 1 of 3

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Today, learned counsel for Respondent No.1- GCZMA has partly argued the matter, saying that the present Original Application is not maintainable because the prayer made by the applicants pertains to challenging the entire CZMP of 2011, wherein part of the area, which was earlier covered under CRZ, has been excluded. For this, it is her argument that an appeal was required to be filed, which is already time barred.

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We enquired from learned counsel for Respondent No.1 as to what is the reasoning given in excluding the said area in the final CZMP, she responded by saying that no specific reply to that effect has been filed from their side. She has further stated that this work has been done by National Centre for Sustainable Coastal Management (NCSCM)Respondent No.3. But from their side, no reply affidavit has been filed so far.

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Learned counsel Mr. Pushkal Mishra, appearing for Respondent No.2- MoEF&CC, submits that Respondent No.3 may be issued notice and he might represent the said Respondent after taking approval. But we may mention here that already Respondent No.3 had appeared before us on 28.02.2024 and we had granted two weeks’ time to them to file their reply affidavit in this matter. But no reply affidavit has been filed from their side till date.

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In view of above, we direct the learned Registrar of this Tribunal to write a letter to the Director, National Centre for Sustainable Coastal Management (NCSCM)- Respondent No.3 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 two weeks, failing which the Tribunal would be compelled to order for personal appearance of the Officer concerned before this Tribunal to show the

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Page 2 of 3

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cause. It be further directed therein that a copy of their reply affidavit, which is to be filed, shall be served upon all the other parties in advance, who may file rejoinder affidavit against the same, if any, within one week thereafter.

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Put up this matter for further consideration on 17.04.2026.

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Dinesh Kumar Singh, JM

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Sudhir Kumar Chaturvedi, EM

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March 16, 2026 ORIGINAL APPLICATION NO.42 OF 2023 (WZ) I.A. NO.45 OF 2026 (WZ) P.Kr.

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Oswald Fernandes v. 1THE Goa Coastal Zone Management Authority through Its Member Secretary

Case brief

What is this about?

What did the court decide?

Oswald Fernandes v. 1THE Goa Coastal Zone Management Authority through Its Member Secretary

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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