High CourtsDivision Bench(2021) 11 BOM CK 0121

True Axiz Resort Pvt. Ltd., Thr. Its Director vs State Of Goa, Thr. Its Chief Secretary And 4 Ors

Bombay High Court · Decided on 27 November 2021

HON’BLE JUDGES
Revati Mohite Dere, J · M. S. Jawalkar, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 408 Of 2021

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Judgment

7 paragraphs · 237 words
1.

By this petition, the Petitioner has sought the following substantive relief:

"a) Issue a Writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction directing Respondent Nos. 1, 3 and 4 to take action in pursuance of the complaints dated 24/11/2021 against Respondent Nos. 2 and 5 for carrying out excavation and construction at Morjim Beach."

2.

Learned Counsel for the Petitioner submits that the Respondents No.2 and 5 have started construction and excavation of sand in a designated sand dune, within 100 metres from the HTL, which is in direct violation of the Environment Protection Act and the CRZ Regulation.

3.

Leaned Advocate General states that necessary permissions for the said construction have been granted by various authorities and that the construction is being carried out by the Water Resources Department. Copies of such permissions have also been handed over to the learned counsel for the Petitioner.

4.

In view of the aforesaid, learned counsel for the Petitioner seeks leave to withdraw the petition, with liberty to file/initiate appropriate proceedings, on the basis of the said permissions.

5.

The petition is, accordingly, disposed of as withdrawn, with liberty as prayed for. It is clarified that we have not gone into the merits of the petition and as such, all contentions of all parties, are kept open.

6.

Parties to act on authenticated copy of this order.