PILWP 03 OF 2025 24th April 2025 Shakuntala IN THE HIGH COURT OF BOMBAY AT GOA PIL WRIT PETITION NO. 03 OF 2025 MR. SURAJ RAVINDRA CHODANKAR AND ANR. ... PETITIONERS VERSUS THE STATE OF GOA THR. ITS CHIEF SECRETARY AND 7 ORS. … RESPONDENTS Mr. Om D’Costa with Ms. Malisa Zemira Simoes, Advocates for the Petitioners. Mr Deep Shirodkar, Additional Government Advocate for Respondent Nos. 1 to 4. Mr. Nigel Da Costa Frias, with Mr. Savio Mesquita, Advocate for Respondent No. 5. Mr. N. N. Sardessai, Senior Advocate with Mr. Shivam Fadte and Mr. Kabir Sabnis, Advocates for Respondent Nos. 6, 7 and 8. CORAM:- BHARATI DANGRE & NIVEDITA P. MEHTA, JJ. DATED :- 24th April, 2025 ORAL ORDER (Per Bharati Dangre, J.) 1. The Public Interest Litigation is filed by two Petitioners, being aggrieved by the ongoing construction of 8 villas with a swimming pool on survey no. 51/2021 of Oxel Village, Siolim, Bardez, Goa. 2. The petitioner no. 1 has described himself to be a resident of 2025:BHC-GOA:822-DB PILWP 03 OF 2025 24th April 2025 Siolim who is actively involved in opposing the private villa project for the reasons which gave a cause for him to file the PIL petition. Petitioner no. 2 is a public spirited person, a journalist by profession, who has been a part of several movements to protect the ecological assets of Goa. On complying with the necessary formalities of giving the declaration by stating that the petitioners have no personal interest in the cause which they wish to espouse, the writ petition is instituted. 3. The petitioners raised two-fold objections to the proposed upcoming constructions by respondent nos. 6, 7 and 8; the first being, the construction coming within 33 metres of Oxel spring officially known as “Our Lady of the Sea Church Spring, Oxel”, a water body which deserves protection in terms of order passed by this Court in Writ Petition No. 772/2023. The second point of objection of the petitioners is of not having a 6 metres wide road leading to the project instead, what is made available is only a 4 metres wide road. 4. We have heard learned counsel, Mr. Om D’Costa for the petitioner, Mr. Sardesai, Senior Counsel representing respondent nos. 6 to 8 whereas Mr. Shirodkar, learned Additional Government Advocate represents respondent nos. 1 to 4. Mr. Savio Mesquita, PILWP 03 OF 2025 24th April 2025 learned counsel marked his appearance for the Village Panchayat of Oxel. 5. Taking cognizance of the grievance of the petitioner, on 12/12/2024, when the Hydrogeological study report of the spring submitted by Terra Hydrotech Solutions, being a part of the petition was perused by the Court, it noted that there was some inconsistency in the report, which pitched against the opinion of the Consultant, Ground Water and Environmental Resource Management Geotechnical Services dated 07/12/2024. In this background, the Court requested the Regional Director of Central Ground Water Board, State Union Office, Belgaum, to depute an expert for inspecting the site and directed that a report be placed before the Court. 6. In the wake of the aforesaid direction, the Hydrogeological report in and around Oxel Spring, Bardez, North Goa, is placed before us as a part of affidavit filed on behalf of respondent nos. 6, 7 and 8. The said report is perused by us. With greatest minute detail, the report has identified the peculiarity of Oxel village in Oxel Gram Panchayat of Bardez Taluka, North Goa, which boasts of its PILWP 03 OF 2025 24th April 2025 rich cultural and natural heritage which has facilitated trade, agriculture, which is identified to be the backbone of its economy, and complemented by fishing along with the Chapora river. By highlighting the background information received from the Water Resources Department, Government of Goa, and the observations of the Court in the public interest litigation, when it directed the report to be submitted, it proceeded to identify the location of the Village and its topography by specifically indicating the location of the Oxel spring. Thereafter, it proceeds to take note of the physiography of the said village by specifically referring to the elevation of the site and low lying terrain, and specifically take note of the variation in elevation, which creates a diverse landscape where the southern part is elevated and rest of the area is flattened and contribute to formation of flat plains, covered by wetland or paddy fields. It is specifically noted that the drainage pattern is relatively immature, with limited number of non-perennial streams of first and second order. The climate and rainfall as well as the geology and hydrogeological settings are specifically taken note of by referring to weathered laterites and underlying basaltic rocks/meta-argillites, influencing the ground water dynamics in the area. PILWP 03 OF 2025 24th April 2025 Focusing upon the Oxel spring, the report has noted the characteristics of a spring, which plays a crucial role during the dry season by providing a reliable water source. It has then discussed the types of springs and various factors which would classify the category of spring into either seep spring or free flowing spring. 7. Identifying Oxel Spring as a type of seep and contact spring, which has been developed, the report indicate that it is covered by protection wall and barricade erected under beautification programme, undertaken by the Water Resources Department, Government of Goa. The report also includes figures of the developed Oxel spring. The groundwater scenario is then discussed at great detail in the report by noting that there is a fluctuation in the water level depending upon several factors such as rainfall, pumping and seasonal changes and as far as the site is concerned, the Hydrogeological investigation has referred to the 8 key wells in the Oxel spring area to assess groundwater conditions of measuring ground water levels and collecting ground water samples for analysis of basic quality parameters. The report, even in great detail has discussed the Hydro-chemistry to ascertain the chemical PILWP 03 OF 2025 24th April 2025 composition of water and based on the analysis collected from the samples from key wells, has enlisted the quality of water, which is found to be within acceptable ranges for the basic parameters. 8. With this background, the report has recorded the conclusions and recommendations as reproduced below:- 7.0. CONCLUSIONS & RECOMMENDATIONS Based on hydrogeological survey and collection of relevant data from the site and from Panchayat office, the followings points are highlighted: - ● Characteristics of the Oxel Spring: o Oxel spring is a type of seep and contact spring. It is perennial in nature. The water is used for drinking and the excess spring water is diverted through outlet drains to the paddy field in the northern sides. o The spring has been developed and is covered by protection wall and barricade erected under beautification programme taken by Water Resource Department, Government of Goa.  Surface Water Runoff Vector Map: o The catchment area that contributes water to the Oxel Spring is primarily situated towards the southern side, in the elevated regions of the hills where the lady of the Sea church is located. The upcoming construction of the villa is in the western part of the spring and is not falling in the catchment area of the spring o The flow direction map indicates that water PILWP 03 OF 2025 24th April 2025 flows away from the Oxel Spring rather than towards it. So, there is no immediate threat to the spring. However, cautions need to be exercised in the springshed area for possible anthropogenic factors that may cause polution or may hamper the existence of the spring. o There is no direct groundwater inflow from the construction site to the spring, further minimizing the risk of any adverse impact on the spring's water quality. o Considering above facts, it is concluded that the construction activities near the spring are unlikely to cause any disruption to the spring flow or contamination of the spring water. o However, cautions need to be exercised in the spring shed area for possible anthropogenic factors that may cause pollution or may hamper the existence of the spring. o For this it is recommended to have continuous monitoring and surveillance of the spring water for quantity and quality aspects. 9. On the perusal of the report of the expert body, where we find a clear opinion being expressed to the effect that upcoming construction of the villas, which is in the Western part of the spring, is not falling in the catchment area and also clearly opining that the flow direction map indicates that water flows away from Oxel spring rather then towards it and therefore, there is no immediate threat to PILWP 03 OF 2025 24th April 2025 the spring. However a word of caution is expressed by stating that the springshed area for possible anthropogenic factors will cause pollution or hamper the existence of the spring and this calls for continuous monitoring and surviving of the spring water for quantify and quality aspects. 10. In the wake of the aforesaid report with its recommendations and conclusions from an expert body, in our opinion, the apprehensions expressed by the petitioners in the public interest litigation are taken care of, though on noting that the spring water is the source of water for the village and the village presently suffers from shortfall of water and it provides clean drinking water, it is cautioned that it shall not be permitted to be contaminated. 11. We have no difficulty in accepting the proposition of the petitioner that water source has to be preserved and in this case also, we have found that the report has categorically indicated that there has to be a constant monitoring of the spring to protect its quality and quantity and we expect the Water Resource Department to have a continuous surveillance, so that the quality and quantity of the water as indicated in report, is in no way polluted or affected. PILWP 03 OF 2025 24th April 2025 12. In addition, we have taken note of the, statement made by respondent nos. 6 to 8 in the affidavit dated 07/01/2025 where a categorical statement to the following effect is made:- “ I say that the present Respondents are installing a Sewage Treatment Plant which will be installed by Waterneer Biokube which is an agency specialized in installation of Sewage Treatment Plant. I say that the Waterneer Biokube will be installing the MARS 3000, 4C sewage treatment plant which will be used for the purpose of treatment of the sewage from the said project. I further say that the all Sewage Treatment Plant are by design supposed to clean the water for the purpose of reuse as per the pollution norms.” The affidavit also contains a statement that the treated water will be used for the purpose of gardening in the project and for miscellaneous works. In the wake of the aforesaid statement made in the affidavit, we are of the view that the sewage treatment plant which will be installed by the respondents will take care of the apprehensions expressed by the petitioner to the effect that the Oxel spring is not be polluted and it is also clarified in the affidavit that the sewage treatment plant shall be installed at a distance of 93.59 metres away PILWP 03 OF 2025 24th April 2025 from the Oxel spring. 13. Dealing with the second grievance of the petitioners as regards not leaving 6 metres wide road leading to the project, our attention is invited to the technical clearance order granted by the office of the Senior Town Planner dated 07/02/2024, which have clearly permitted the construction activity to be carried out strictly as per the approved plans. We have also perused the revised site plan which was submitted by the office of Senior Town Panner, Town and Country Department, which is placed on record at page 31 of the petition, which indicate existence of Tar road with 4.50 metres width, and existing road width of 6 metres. Since this plan is annexed along with the petition, on being procured by the RTI and Mr. Sardessai representing private respondents makes a categorical statement that since this plan is approved, the construction on the site shall proceed in accordance with this sanctioned ground. 14. In the wake of the aforesaid statement, we find that the apprehensions expressed by the Petitioners are totally unfounded and though a reference is made to a plan which is submitted earlier, Mr. Sardessai make a categorical statement that the plan indicating PILWP 03 OF 2025 24th April 2025 4 metre wide road has received revision at the end of the Planning Authority and now, there is a specific mention of a 6 metres wide road. In addition, we also have before us, a report on behalf of the Town and Country Planning Department under the signature of the Deputy Town Planner which contains the following specific statements which is based on the joint site inspection carried out on 10/03/2025 by the Inspector of Survey of Land Records, City Survey, Mapusa, which records thus:- “Based on the plan submitted by the Inspector of Survey and Land Records, it is observed that there is no bottleneck and 6.00mtrs road as mandated under the Goa Land Development and Building Construction Regulations, 2010, required for the construction of multi family dwelling units is available.” 15. The aforesaid report, therefore, take care of the second apprehension of the PIL petitioner that the road of 6 metre width is not made available upon the construction being carried out by the private respondents. 16. At this juncture, we must take note of our observations in the order dated 12/12/2024 when it was noted that when the request of PILWP 03 OF 2025 24th April 2025 respondent nos. 6 to 8 was considered and it was recorded that though they are permitted to proceed with the construction activity, however, the premises shall not be permitted to be used/occupied without the leave of this Court and such construction shall be at the risk of the respondent nos. 6 to 8 and they shall not claim any equity. Similarly, status quo was directed to be maintained as regards three villas and one vacant plot. In the wake of the aforesaid discussion, since we find that the petitioners, who have aired their apprehensions on record on two points, which have already been addressed, the public interest litigation shall be disposed of, by vacating the order dated 12/12/2024. NIVEDITA P. MEHTA, J. BHARATI DANGRE, J. Signed by: SHAKUNTALA ZALMI Designation: Personal Assistant Date: 28/04/2025 17:10:57