JUDGMENT - R.M.S. KHANDEPARKAR, J.:---The petitioner challenges the permission granted to the respondent No. 1 for construction of a Beach Resort in the property bearing Survey No. 28/1, 29, 33/1 and 33/2 of Nagorcem beach by the respondents. It is the case of the petitioner that the environment clearance and the construction licence for the construction of the said Beach Resort has been granted in CRZ-I area in violation of CRZ Notification dated 19-1-1991 and inspite of the fact that the area is comprised of sand dunes and requires protection. 2. The facts, in brief, are that the respondent No. 1 applied to Town and Country Planning Department of Government of Goa for permission of construction of the Beach Resort on 8-1-1996 along with a contour and site plan of the area. After inspection held on 23-2-1996 by the Special Committee of Goa State Committee on Coastal Environment, the project was approved by the respondent No. 3 by resolution dated 15-3-1996 and thereupon the file regarding the project was submitted on 23-3-1996 to the Ministry of Environment and Forests, the respondent No. 2, who granted the environmental clearance certificate on 9-10-1997. 3. It is the case of the petitioner that the area in which the permission has been granted to the respondent No. 1 to construct a Beach Resort was originally classified as orchard in statutory regional plan of Goa. It was at the instance of the respondent No. 1 that the area in question was changed from orchard to settlement. Nevertheless, the physical status of the area remained untouched until recently when the respondent No. 1 started bulldozing the sand dunes after the grant of permission by the respondent No. 2 for the construction of the hotel. According to the petitioner, the respondent No. 3 approved the proposal for construction of the hotel by the respondent No. 1 on the ground that the area is CRZ-III. Moreover, it is the contention of the petitioner that even in CRZ-III areas, sand dunes are classified as CRZ-I. According to the petitioner, there are extensive sand dunes in the area and the entire construction is proposed in the sand dunes area. As per CRZ Notification dated 19-2-1991, even the dressing of the sand dunes or flattening of sand dunes is strictly forbidden. As per CRZ Notification dated 19-2-1991, even the dressing of the sand dunes or flattening of sand dunes is strictly forbidden. It is their further case that though the area in question was changed from orchard to settlement in 1990, the change in land use from orchard to settlement had been merely in the nature of proposed change and de facto, the area continued to be one full of sand dunes. There is, in fact, no settlement at all in the said area of the proposed hotel construction. It is only after the grant of licence and recently that the respondent No. 1 has levelled and bulldozed some of the sand dunes, particularly in the area between the Temple and the north-eastern portion of the property and has constructed a road. The report prepared by the N.I.O. clearly discloses that flattening of the sand dunes has been done by use of bulldozer in the month of October last. In short, the petitioner complains of grant of permission by the respondents Nos. 2 and 3 for the construction of the hotel by the respondent No. 1 in the said area contrary to the provisions of law. 4. As against this, it is the case of the respondent No. 1 that the change from orchard to settlement was done as long back as in the year 1990 and it is too late for the petitioner to complain about the same now. According to the respondents, in the portion of the property bearing Survey No. 28/1, there are about 19 houses besides a Temple. It is their further case that CRZ for the State of Goa was notified by the respondent No. 4 on the recommendation of the State Government in the year 1989. According to the respondent No. 1, the licence has been issued by the respondents Nos. 2 and 3 after carrying out thorough inspection of the area and after considering the fact that the proposed construction would be in an area other than where there exist sand dunes. It is their case that the proposed construction in no way will cause any damage to the sand dunes which are located mostly within 200 metres of H.T.L. besides northern side of the area. It is their case that the proposed construction in no way will cause any damage to the sand dunes which are located mostly within 200 metres of H.T.L. besides northern side of the area. The proposed construction is not expected to cause any damage to the stability of the beach and the construction plan has been drawn bearing in mind the environmental point of view. It is their further case that on securing the permission, the respondent already got the area converted from agricultural to non-agricultural on payment of a sum of Rs. 22,95,360/- as conversion fees and have also paid Municipal licence fees to the tune of Rs. 45,84,158/- and have entered into a contract for commencement of project, cost of which is estimated to be Rs. 25 crores. The work was sought to be commenced in August, 1997 but could not be started on account of three civil suits filed in the Civil Court of Margao and the injunction granted by the said Court. The same was vacated by this Court by its Order dated 25-9-1998 and the construction has commenced and substantial civil work has been carried out incurring investment of about Rs. 4 crores. It is their further case that the sand dunes exist at the site and the respondent No. 1 has not destroyed or touched the said sand dunes and has no intention to do so. 5. Upon hearing the learned Advocates for the parties and on perusal of the records, prima facie, it is apparent that the following facts are not seriously disputed:-- (1) The area in question was originally classified as orchard and subsequently classified in the year 1990 as settlement area; (2) The plan showing the topography of the area which was originally forwarded by the petitioner was changed at the instance of the respondent No. 3 and the Chief Town Planner of Goa sometime in the year 1997; (3) There are sand dunes in the area. 6. As regards the change of classification of land from orchard to settlement, it is an undisputed fact that though such change in classification of land was done, the area in question had no settlement as such at the relevant time. It is also admitted fact that the proposed construction is not to be carried out in an area which already had any settlement. It is also admitted fact that the proposed construction is not to be carried out in an area which already had any settlement. On the contrary, the proposed construction is either in the open area or where there exists tree plantation. In any case, irrespective of change in classification in the year 1990, the actual change in the use of the land was sought to be commenced only from October last. 7. As regards the change in the plan, it is the contention of the respondents that the said plan was not depicting the factual situation in loco as regards the sand dunes and, therefore, it was rectified. However, it is an undisputed fact that the Sub-Committee of the respondent No. 3 had inspected the site on 23rd February 1996 and had submitted its report to the respondent No. 3. The perusal of the report of the Sub-Committee and the proceedings before the respondent No. 3 clearly disclose that neither the respondent No. 3 nor its Sub-Committee found any discrepancy between the plan submitted by the respondent No. 1 and the factual situation in loco. The Sub-Committee had only asked for a revised plan showing the existing and proposed vegetation as well as the access to the beach. It had not disputed the existence of sand dunes at the site or the depiction of the sand dunes in the area in the plan already produced by the respondent No. 1. In other words, till February 1996, there was no dispute nor the respondents could find any discrepancy between the plan submitted by the respondent No. 1 and the situation in loco, particularly in respect of the sand dunes. Therefore, for all purposes, the plan Exhibit 'D' to the petition, which is undisputedly the copy of the plan submitted by the respondent No. 1, disclosed the correct situation in loco till at least February 1996. The fact that the Subject Committee of respondent No. 3 had inspected the site on 23rd February 1996 is clearly admitted by the respondent No. 1 in his affidavit, in para 9 thereof, besides the records also corroborate the same. It appears that the contention regarding the discrepancy between the plan Exhibit 'D' and the situation in loco, as far as the sand dunes are concerned, was for the first time, sought to be raised by the Chief Town Planner of Goa. It appears that the contention regarding the discrepancy between the plan Exhibit 'D' and the situation in loco, as far as the sand dunes are concerned, was for the first time, sought to be raised by the Chief Town Planner of Goa. This is evident from the clear statement in that regard by the respondent No. 1 in his affidavit, in para 11, which reads that :-- "The Chief Town Planner further informed me that in fact the Plan at Exhibit D did not depict sand dunes as they existed at site." It is really surprising that a Committee entrusted with the task of finding out whether the sand dunes would affect the environment could not locate any discrepancy between the plan and the situation in loco till February 1996 and even cleared the project as long back as in March, 1996, but it was only after the complaint by the petitioner regarding existence of the sand dunes in the area, the Chief Town Planner thought of finding out discrepancy between the plan Exhibit 'D' and the site as regards the sand dunes. There is no explanation whatsoever on record as to how the plan if it was not tallying with the factual situation in loco was approved by the respondent No. 3 in its meeting on 15-3-1996, and that too, after the inspection by the Sub-Committee. In any case, this fact clearly discloses the admission of existence of sand dunes at the site and change in the plan after the grant of N.O.C. by the respondent No. 3 for the construction in the area. 8. As regards the existence of the sand dunes at the site, it is the case of the petitioner that the area being full of sand dunes, is CRZ-I and, therefore, no construction is permissible, whereas it is the case of the respondents that the proposed construction would not affect in any manner the sand dunes, since they are mostly located within an area of 200 metres from the H.T.L. except on the northern side of the plot. In other words, the existence of sand dunes in the property is not disputed. The dispute is limited to the aspect of location of such sand dunes. In other words, the existence of sand dunes in the property is not disputed. The dispute is limited to the aspect of location of such sand dunes. According to the respondents, there are hardly three sand dunes and two of them lie within the 200 metres of H.T.L. and the third one is situated on the northern side of the plot where no construction is proposed to be done. In this regard, reliance is sought to be placed by the petitioner on the report prepared by N.I.O. as well as by Dr. Kasturi Desai, whereas the respondents rely upon the report by Dr. N.P.S. Varde, Director and Joint Secretary, Department of Science, Technology and Environment of Government of Goa and Dr. R. Warrier, Joint Director, Ministry of Environment Forests, Government of India. 9. The report by Dr. Varde refers to three prominent sand dunes as alleged by the respondent No. 3, but at the same time, the report also states that the construction of the proposed Resort Complex is contemplated on a very gently and sinuously undulating sandy landscape varying within the levels of (0) to 1 metre and the prominent sand dunes will be left undisturbed. Moreover, the report makes a very important observation. It reads thus:-- "Notwithstanding the fact that the Resort structures will be located on a low level and gently undulating landscape, as stated above, in a strict technical sense when such landscape is covered with stable dune vegetation, it can also be classified as sand dunes." After making the above observation, Dr. Varde has opined that in such an eventuality unless a realistic criteria is adopted only to map out prominent and ecologically sensitive dunes as CRZ-I areas, a vast percentage of Goa's coastline within 200 to 500 metres of H.T.L. will be out of bound for any development. No details are given in the report in support of such an opinion by Dr. Varde. There is nothing in the report to suggest that the entire coastline of Goa consists of sand dunes and sand dunes only. That apart, the area covered by sand dunes is to be classified as CRZ-I. This is evident from para 2, Clause A(xv) of the said Notification. The said Notification does not distinguish between primary sand dunes and secondary sand dunes or prominent sand dunes and nonprominent sand dunes, as is otherwise sought to be distinguished by Dr. That apart, the area covered by sand dunes is to be classified as CRZ-I. This is evident from para 2, Clause A(xv) of the said Notification. The said Notification does not distinguish between primary sand dunes and secondary sand dunes or prominent sand dunes and nonprominent sand dunes, as is otherwise sought to be distinguished by Dr. Varde in his report. Apparently, the opinion in the report is beyond the scope of Notification issued by the Government of India. However, the report undisputedly admits the existence of sand dunes in the area. 10. As regards the report of Dr. Warrier, the same is not much different from that of Dr. Varde. But it is pertinent to note that the report states that the area acquired by the Company does not have prominent dune structures. Yet, it is stated in the report that the area acquired by the Company is an undulating sandy terrain varying between the levels of 0-10 metres. The important observation in the report reads that:-- "These mounds formed in conjunction with the vegetation are different from sand dune as they cover a relatively smaller area in comparison to a dune." The report further reads that:-- "The modified construction plan/hotel layout was examined at site vis-a-vis the location of the sand-dunes. It is observed that the location of cottages and other facilities have been adequately relocated to ensure that the existing dunes are left undisturbed." The report unequivocally points out the existence of sand dunes in the area. No doubt, simultaneously it tries to justify that the plan layout has been adjusted so as to re-locate the proposed construction so that the dunes are left undisturbed. Once it is admitted that the area consists of sand dunes, it goes without saying that the same is to be classified as CRZ-I. Once it is classified as CRZ-I, there is no question of permitting any construction in such area by allowing the builder to leave the sand dunes undisturbed while carrying out the construction, because the CRZ Notification clearly bars any such construction in such area. 11. At this stage, it is also to be noted that there is no dispute that necessary licence has been issued by the respondent No. 2 solely on the basis of the report by Dr. Warraier. This is apparent from the correspondence placed on record. 11. At this stage, it is also to be noted that there is no dispute that necessary licence has been issued by the respondent No. 2 solely on the basis of the report by Dr. Warraier. This is apparent from the correspondence placed on record. The correspondence between the Ministry of Environment and the Joint Secretary and Director of Department of Science, Technology and Environment of Goa as well as the Chief Town Planner placed on record discloses that till July 1997 the respondent No. 1 was not at all satisfied that the area can be considered as CRZ-III. By the letter dated 24-6-1997 the respondent No. 2 had directed the Joint Secretary of Environment, Department of State of Goa to clarify categorically whether any sand dunes exist at the site of the proposed Beach Resort. Inspite of the so-called environmental clearance by Dr. Varde by his letter dated 17-7-1997, the respondent No. 2 had again enquired with the Secretary of Department of Science, Technology and Environment of Government of Goa by its letter dated 28-7-1997 as to whether the proposed site falls in CRZ-I or CRZ-III as approved under C.Z.M.P. of Goa. While making this enquiry, it is pertinent to note that the respondent No. 2 had drawn attention of the Secretary of Environment of Goa Government to the fact that as per the CRZ Notification, Nagorcem area is classified as CRZ-I except settlement and built-up areas. Even after the reply to the said query by Dr. Varde, the respondent No. 2 deputed Dr. Warrier to inspect the site. This shows that the respondent No. 2 itself was not clear about the representation made to it by the other respondents regarding the factual situation at the site and, therefore, were hesitant to approve the project. 12. The records produced by the petitioner in this regard are the report by National Institute of Oceanography and by Dr. Kasturi Desai. It is true that the respondents have sought to allege that the report by National Institute of Oceanography has been procured to suit the case of the petitioner. We are surprised that such baseless allegations are made in respect of the report of such prestigious Institute of our country. Nevertheless, the submission in this regard is totally devoid of substance. It is true that the respondents have sought to allege that the report by National Institute of Oceanography has been procured to suit the case of the petitioner. We are surprised that such baseless allegations are made in respect of the report of such prestigious Institute of our country. Nevertheless, the submission in this regard is totally devoid of substance. The report by N.I.O. was prepared in November 1998 and is based on the study by four scientists including Shri A.G. Untawale. We are making reference to this name because while preparing the Coastal Zone Management Plan for Goa, the Government of Goa had taken into consideration the observations by Dr. Untawale in relation to the coastal vegetation which included sand dune vegetation, Clause 3.5 of Chapter III of the Coastal Zone Management Plan for Goa reads thus:- "3.5 SAND DUNE VEGETATION:- sand dunes play very important role in stabilization of the beach by avoiding erosion and act as wind and were barrier. The growth of the sand dunes depends upon rainfall and moisture present in the substratum. The distribution of sand dunes is mainly governed by tidal influence, temperature, rainfall, wind, etc. Sand dune flora of Goa comprised of 67 species belonging to 62 genera and 23 families. Graminae represented by 15 species and was dominant. The dominant sand dune species were Ipomea pescaprae, spinfix squarossus and launea pinnafifida. N.B.: The above observations are compiled from various studies made by Dr. Untawale of N.I.O." 13. Reverting to the report by N.I.O., it is seen that in 1996 N.I.O. played an important role in formulating Coastal Zone Management Plan of Goa by delienating eco-sensitive areas along the coast and those studies were carried out on regional scale. The report in question deals with microscale studies of the coastal Zone of Goa to assess the health of coastal ecosystems, the sand dunes in particular, sectorwise as a follow-up of the said work. Therefore, it is clear that the report is not a tailormade report for the petitioner but is prepared in regular course of work of research by N.I.O., particularly in the matter of health of coastal ecosystem and specifically in relation to sand dunes. The N.I.O. had taken up the study of coastal part of Rajabhag at Nagorcem of Canacona to begin with. The N.I.O. had taken up the study of coastal part of Rajabhag at Nagorcem of Canacona to begin with. The report, therefore, relates to the land in question and the relevant portion thereof reads thus:- "Field work along the coast of Rajebhag was conducted on 8 and 30 October 1998. .............. ................... ................... .................... ................... Topographic maps in the scale of 1:50,000 of the year 1981, Sheet 48 J/1, published by the Surveyor General of India, have been used in the study. In addition, serial photographs of the year 1972 and I.R.S. 1C satellite imageries of March, 1997 have also been utilised for the identification of geomorphological features. Rajebhag area is bounded by Talpona river in the south, a creek in the north, the Arabian Sea in the west, and a tarred village road in the hinterland in the east. An ancient temple is located about 125 m from the main road, and about 400 m from the beach ... ....... .......... .......... ........ .. The sea shore comprises a linear sandy beach, more than 50 m wide, with a rather steep gradient towards the sea. ............. ......... .......... ........... .......... ...... Beyond the beach and landward, the entire area from the creek in the north to the river in the south comprises an undulating and distinct sand dune field, being more conspicuous in the southern part of the area. ..... The landward limit of sand dunes can be fixed slightly beyond the temple which is located about 400 m from the beach according to Survey of India toposheets. ..... ..... ...... ...... ...... In general, sand dunes are rather low, but at places the dunes rise to more than 2 metres from their base, as is the case behind the temple. Sand dune vegetation is rather sparse in the northern part but is found to be more prominent in the southern part. A chain of dunes covered with vegetation were also identified along the split. Of the entire area studied, the dune belt adjacent to the beach is largely pristine and unsullied (Photo 3). Therefore, majority of the sand dunes which extend more than 400 m from the high water line in the area surveyed can be termed as stable in nature. ..... ..... ..... Distinct human interference on sand dunes of the area has been observed at several spots :-- 1. Therefore, majority of the sand dunes which extend more than 400 m from the high water line in the area surveyed can be termed as stable in nature. ..... ..... ..... Distinct human interference on sand dunes of the area has been observed at several spots :-- 1. A significant area occupied by sand dunes has been bulldozed and razed. In fact, when we visited the site on 8 October 1998, we observed a bulldozer in operation and in the process of levelling dunes (Photo 4). This spot is now flat, disrobed of dune vegetation, and hence sand lies exposed. This site which is now severely degraded is located behind the temple (Photo 5). 2. By 30 October 1998, a huge pile of dune sand was found behind the temple where some construction material was also observed. Also, sand dunes in the north-eastern corner, seaward of the village road, were completely cleared and stripped of bushes and related dune vegetation (Photo 6). This path now lies bare and altered. 3. The new road which is being constructed repeatedly cuts across sand dunes (Photo 7). As a consequence, these sand edifices are also damaged at many places along this road. This is because the sloping faces of the dunes have been levelled to facilitate laying of the road leading towards the beach. At three places where sand dunes are obliterated, loose sand has been rendered mobile, has covered the new road, and has also slipped into the adjacent river (Photo 8). This portion of the road bordering the river faces an imminent collapse; sand bags are seen supporting the river-face of the road embankment. 4. Some dunes located on the spit were also found tampered with. There are signs which show that sand has been mined and removed. This situation is however not alarming as in the case of (1) and (2) above. The coastal belt of Rajebhag is characterised by a wide sandy beach (including a spit) backed by vegetated sand dunes and mangroves within the river and along the banks." Based on the study, the report concludes thus :-- "1. A large part of the coastal Zone of Rajebhag is pristine and unsullied. This observation is supported by ground (physical) data as well as satellite imageries. 2. A large part of the coastal Zone of Rajebhag is pristine and unsullied. This observation is supported by ground (physical) data as well as satellite imageries. 2. Sand dunes with vegetation characterise the entire area between the temple and the beach; prominent dunes, at places more than 2 meters high, extend even beyond the temple located 400 metres from the beach; most of these sand edifices appear stable. 3. There are signs of a major construction activity behind the temple. 4. A significant area comprising sand dunes was demolished (using a bulldozer) and flattened between 8 and 30 October 1998; now the dunes, particularly those behind the temple are severely obliterated. Loose sand is likely to blow inland during heavy winds. 5. Sand dunes are also found to be damaged at many places along the new road that is being constructed; human intervention has resulted in the mobility and consequent loss of sand, observed at three spots along the river bank." The report also contains copies of the photographs referred to in the report. Those photographs disclose that a large area covered by sand dunes is sought to be flattened and dressed up with the use of a bulldozer. The plan at page 3 of the said report shows that the area behind the temple (where the project is coming up) consists of sand dunes. The report by National Institute of Oceanography, therefore, clearly discloses that the entire area comprising of Rajebhag beach to the extent of 400 metres from the H.T.L. is comprised of sand dunes fields and it is sought to be mercilessly interfered with by the respondent No. 1. The fact that the respondent No. 1 has interfered with the sand dunes and has used bulldozer for flattening and dressing the sand dunes has been prima facie established also from other materials on record. As already seen from the report of National Institute of Oceanography, the fact that the sand dunes have been interfered with the help of bulldozer is apparent from the photographs as well as the report itself. The coastal wetland/landform map prepared by the Centre of Studies in Resources Engineering, Indian Institute of Technology, Bombay 76 and Space Applications Centre (ISRO) Ahmedabad, for coastal study project also shows in the map that the area in question is coastal dune (with vegetation) and marked D(V) on the map. The coastal wetland/landform map prepared by the Centre of Studies in Resources Engineering, Indian Institute of Technology, Bombay 76 and Space Applications Centre (ISRO) Ahmedabad, for coastal study project also shows in the map that the area in question is coastal dune (with vegetation) and marked D(V) on the map. That apart, the petitioner in the petition has clearly stated in para 20 that :-- "....It is undoubted that the respondent No. 1 has levelled and bulldozed some of the dunes, particularly in the area between the temple and the north-eastern portion of the property. A road has also been constructed along the river bank on the very dune itself within the no-development Zone." Though the respondent No. 1 has filed a detail affidavit yet nowhere in the affidavit he had denied the said categorical assertion on the part of the petitioner that the respondent No. 1 has levelled and bulldozed some sand dunes in the area. The very fact that the respondent No. 1 having filed a detail affidavit, but has chosen not to deny the said fact, clearly shows that the respondent No. 1 has sought to change the topography of the area and, more particularly, has sought to interfere with the existing sand dunes. 14. The report of Dr. Kasturi Desai also refers to existence of sand dunes. However, it is not necessary to refer to the said report considering the other materials on record. 15. At this stage, it will be also necessary to consider the fact that the approved Goa Coastal Zone Management Plan clearly specifies that Nagorcem area is classified as CRZ-I except settlement and built-up areas which are classified as CRZ-III. In other words, the entire Nagorcem area is classified as CRZ-I except where there are settlements in existence. Inspite of the repeated enquiries with the Government Advocates they were unable to produce any plan showing area classified as CRZ-III with reference to survey numbers. The Notification as it stands does not disclose any area with reference to the survey numbers, but only states that the Nagorcem area is classified as CRZ-I except settlement and built-up area. What are those settlement and built-up area. The Notification as it stands does not disclose any area with reference to the survey numbers, but only states that the Nagorcem area is classified as CRZ-I except settlement and built-up area. What are those settlement and built-up area. What are those settlement and built-up areas is not clarified in the Notification but it is apparent from the terminology used in the said report that the area which is excluded from CRZ-I in the village of Nagorcem is the area where there exists settlement. Undisputedly, in the area in question there are no such settlements or built-up areas. In fact, it is comprised of sand dunes. 16. Considering all the materials on record, prima facie, it is apparent that the area in question where the proposed construction is sought to be made is comprised of sand dunes and, therefore, it falls within the classification of CRZ-I. Being so, no development in such area is permissible. Merely because the respondent No. 1 has managed to obtain the N.O.C. from the other respondents for development of such area, that would not entitle the respondent No. 1 to proceed with the development of the proposed area. In such case, merely because the respondent No. 1 has made investment of Rs. 4 crores that by itself can be no justification to permit the development of such area. Sand dunes which are Nature's line of defence cannot be permitted to be bulldozed with money power. These geomorphic edifices have to be preserved at all costs. 17. The learned Advocate for the respondent No. 1 sought to rely upon the judgment of the Apex Court in the matter of (Raunaq International Limited v. I.V.R. Construction Ltd.)1, reported in 1998(6) Scale 456, in support of his contention that in case of any interim relief being granted, the respondent No. 1 should be secured by way of sufficient Bank guarantee being asked to be furnished by the petitioner to the respondent No. 1. Perusal of the judgment in the said case clearly discloses that the ratio of the same has no application to the case in hand. Perusal of the judgment in the said case clearly discloses that the ratio of the same has no application to the case in hand. That was a matter wherein the Apex Court was dealing with a matter pertaining to award of contract pursuant to a tender floated by Maharashtra State Electricity Board for design, engineering, manufacture, supply, erection and commissioning of large diameter pipes and steel tanks with all accessories and auxilliaries as prescribed in the bid documents for units 3 and 4 of Khaperkheda Thermal Power Station, Maharashtra, each unit being of 210 MW. In that regard, the Apex Court observed that the goods or services which were being commissioned could be for a public purpose such as construction of roads, public buildings, power plants or other public utilities for which public money would be expended for the purpose of contract and the public would be directly interested in timely fulfilment of the contract so that services become available to the public expeditiously and, therefore, the public would be interested in quality of work undertaken or goods supplied by the tenderer. The Apex Court has further observed that the poor quality of work or goods can lead to tremendous public hardship and substantial financial outlay in correcting mistakes or in rectifying defects or even at time in re-doing the entire work, thus involving larger outlays of public money and delaying the availability of services, facilities or goods. The Apex Court further observed that a delay in commissioning a power project could lead to power shortages, retardation of industrial development, hardship to the general public and substantial cost escalation. Considering all these facts, the Apex Court has warned that when a writ petition is filed in the High Court challenging the award of a contract by a public authority or the State, the Court must be satisfied that there is some element of public interest involved in entertaining such a petition and unless the Court is satisfied that there is a substantial amount of public interest or the transaction is entered into mala fide, the Court should not intervene under Article 226 in disputes between two rival tenderers. Being so, the decision has no bearing in the matter in issue. Being so, the decision has no bearing in the matter in issue. Besides, this Court has already held in the matter of (The Goa Foundation v. The Goa State Committee on Coastal Environment and others)2, reported in 1998(1) Goa L.T. 364 that if the project prima facie violates the environmental laws and the clearance, conversion and licence has been granted by the Authorities in violation of the environmental laws, the huge expenditure on the project would be of no avail to the party and cannot be a justification to refuse interim relief. It is pertinent to note that the S.L.P. preferred against the said order was rejected by the Apex Court. 18. In the result, therefore, the matter requires detail consideration. Hence, Rule. Hearing expedited. 19. Pending the hearing and final disposal of the petition, the respondents shall maintain status quo in the said area and shall not proceed with any development or construction of whatsoever nature in the said area. The respondent No. 1 is directed to place on record within five days, photographs of the site including the present state of construction. The photographs shall be clicked from all the four sides of the construction and the site. 20. At this stage, the learned Advocate for the respondent No. 1 prays for stay of the order passed today. There is no case made out for stay of the order. Hence request rejected. Hearing expedited. *****