40-WP-344-2024(4).doc Maria S. IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.344 OF 2024 Joseph D'Souza, major of age, Indian National, about 65 years of age, r/o 2/125-A, Pequen Morod, Saligao, Bardez, Goa- 403511. … Petitioner Versus 1. The State of Goa, through the Chief Secretary, having office at Secretariat, Porvorim-Goa. 2. The Goa Coastal Zone Management Authority (GCZMA), Through its Member Secretary, having its office at 4th Floor, Dempo Towers, Patto, Panaji-Goa. 3. The Village Panchayat of Tuem, through its Secretary, having its office at Tuem, Pernem-Goa. 4. Mr Umakant Pundalik Chodankar, major of age, r/o. Guddem, Siolim, Bardez-Goa. …Respondents Mr. Gaurang Panandiker, Advocate for the Petitioner. Mr. Pankaj D. Chodankar, Advocate with Ms Kalpana R. Saperkar, Advocate for the Respondent no. 4. Mr. Shubham Priolkar, Additional Government Advocate for the Respondent State. CORAM: ALOK ARADHE, CJ. & M. S. SONAK, J. DATE: 11th March, 2025 11th March 2025 2025:BHC-GOA:393-DB 40-WP-344-2024(4).doc ORAL JUDGMENT: (Per M. S. Sonak, J) 1. Heard Mr Gaurang Panandiker, learned Counsel for the Petitioner, Mr Shubham Priolkar, learned Additional Government Advocate for Respondent No.2 and Mr Pankaj Chodankar, learned Counsel for Respondent No.4. 2. Rule. Rule is made returnable immediately at the request and with the consent of learned Counsel for the parties. 3. The Petitioner complains about non-enforcement of the directions dated 10.03.2021 issued by the Goa Coastal Zone Management Authority regarding the environmental violations in Survey No.132/1-A of Tuem Village, Pernem-Goa. The violation involves illegal filling and reclamation of low-lying fields in the No Development Zone of the CRZ area. 4. The operative directions issued by the Goa Coastal Zone Management Authority read as follows:- `NOW THEREFORE, the GCZMA in exercise of the powers conferred under Section 5 of the Environment (Protection) Act, 1986 (Central Act 29 of 1986) read with sub-rule (3) (a) of Rule 4 of the Environment (Protection) Rules 1986, and read with power vested with the GCZMA vide Order S.O. 3975 (E) dated 31/10/2019 issued by the Ministry of Environment & Forests, Government of India, hereby directs the Village Panchayat of Tuem, to take steps to remove the mud and recover the cost of expenditure from the person involved in the mud dumping in the property bearing survey No.132 of village Tuem. Further, the Village Panchayat of Tuem, is required to submit an Compliance report to this authority in four weeks. The proceedings are disposed off accordingly.' 11th March 2025 40-WP-344-2024(4).doc 5. Mr Shubham Priolkar learned Additional Government Advocate, on instructions from the Goa Coastal Zone Management Authority, states that within three months from today, the Goa Coastal Zone Management Authority will implement the directions and restore the land to its original condition. Mr Priolkar states that the costs for such restoration will then be recovered from the concerned parties following law. 6. We accept Mr Priolkar's statement and direct the Goa Coastal Zone Management Authority to ensure that the above directions dated 10.03.2021 for the restoration of low-lying fields are carried out within three months from today. The violations were in an eco-sensitive area, and therefore, it is imperative that the landscape is restored to its original state as soon as possible. 7. Though we dispose of this Writ Petition with these directions, we direct the Member Secretary of Goa Coastal Zone Management Authority to file a compliance report in this Court by 10.06.2025, with an advance copy to the learned Counsel for the Petitioner. 8. The Petition is disposed of in the above terms with no order for costs. All concerned to act on an authenticated copy of this order. M. S. SONAK, J. CHIEF JUSTICE 11th March 2025 Signed by: MARIA SUZANA REBELLO Designation: Personal Assistant Date: 12/03/2025 09:58:44