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2022 DIGILAW 317 (BOM)

Budho Arjun Gaonkar, S/o. Arjun Gaonkar v. State of Goa, Through its Chief Secretary

2022-02-01

M.S.SONAK, R.N.LADDHA

body2022
JUDGMENT : M.S. Sonak, J. 1. Heard Mr. Omkar Kulkarni for the Petitioner. Mr. Devidas Pangam, learned Advocate General appears with Ms. Maria Correia, learned Additional Government Advocate for Respondent Nos.1, 2 and 3. Mr. Iftikhar Agha appears for Respondent No.4. 2. Rule. The Rule is made returnable forthwith at the request of and with the consent of the learned Counsel for the parties. 3. In this matter on 24.01.2022, we made the following order:- “1. Heard Mr. Omkar Kulkarni, learned Counsel for the petitioner. 2. Ms. M. Correia, learned Additional Government Advocate appears for respondent no.1. 3. Mr. Kulkarni, learned Counsel states that private notice through email has been served on respondent no.4 and notices in the physical form have been served upon respondent nos.2 & 3, as well. Today, despite notices, there is no representation on behalf of respondent nos.2, 3 & 4. 4. The record, prima facie, indicates that the Goa State Pollution Control Board, based on an inspection carried on, on 09.02.2021, recorded a prima facie finding that the hot mix plant unit set up by respondent no.4 is located in the ecological sensitive area (buffer zone) of Wild Life Sanctuary. Based on this, the Goa State Pollution Control Board issued a show cause notice on 11.05.2021 to the respondent no.4. This was followed by yet another show cause notice dated 09.08.2021. 5. The respondent no.4 has filed the reply in which the only contention raised on this crucial issue is that the respondent no.4 was quite surprised that the Authorities should now contend that the unit is located in an ecological sensitive area. Apart from expressing surprised, there was a denial that the unit is located in an ecological sensitive area. 6. The complaint in the petition is that the Goa State Pollution Control Board, after issuing the show cause notices, has not taken any further steps and, in the meanwhile, the unit of respondent no.4 continues to function. 7. Since there is prima facie material that the unit is located in an ecological sensitive area (buffer zone) of the Wild Life Sanctuary there is no point in permitting the unit to continue its operations on the specious plea that the Goa State Pollution Control Board is yet to dispose of the show cause notice. 7. Since there is prima facie material that the unit is located in an ecological sensitive area (buffer zone) of the Wild Life Sanctuary there is no point in permitting the unit to continue its operations on the specious plea that the Goa State Pollution Control Board is yet to dispose of the show cause notice. In such matters, the precautionary principle will have to be invoked and the operations of this hot mix plant located prima facie in an ecological sensitive area (buffer zone) of the Wild Life Sanctuary will have to be halted until the matter is examined in further details and it is established that the unit is not in such an ecological sensitive area. 8. Therefore, we issue fresh notice to respondent nos.2, 3 & 4, returnable on 01.02.2022. In addition to the usual mode of service, private service/humdast is permitted. Till the next date, however, the respondent no.4 will have to halt operations at the hot mix plant at village Borkotem, Mollem Dharbandora Goa, which is a subject matter of the show cause notice dated 11.05.2021 and 09.08.2021. We order accordingly. 9. The respondent nos.1, 2 & 3 will have to ensure compliance of this interim order and file necessary report. 10. Stand over to 01.02.2022.” 4. Today, the learned Advocate General appears before us and states that the Pollution Control Board has ensured that the operations at the hot mix plant put up by Respondent No.4, have been stopped. This position is confirmed by Mr. Iftikhar Agha, learned Counsel appearing on behalf of Respondent No.4. 5. The learned Advocate General further states that show-cause notices dated 11.05.2021 and 09.08.2021 will be disposed of by the Pollution Control Board as expeditiously as possible and in any case within 30 days from today. This statement is accepted and the Pollution Control Board is directed to act accordingly. 6. Having regard to the pandemic situation, the learned Counsel for the Petitioner and Respondent No.4 agree that they will file their written submissions/versions within ten days from today before the Member Secretary of the Pollution Control Board and not insist upon any personal hearing in the matter. 7. The Board to dispose of the show-cause notices in accord with law and on their own merits by taking into consideration the written submissions/versions as also all other relevant facts and circumstances and the law. 7. The Board to dispose of the show-cause notices in accord with law and on their own merits by taking into consideration the written submissions/versions as also all other relevant facts and circumstances and the law. The Board will have to communicate its decision to both the Petitioner as well as Respondent No.4 within this period of 30 days. Until the Board decides the matter and communicates its decision to both the Petitioner and Respondent No.4, the interim order made by us on 24.01.2022 for halting of the operations by Respondent No.4, will continue. In case the Board decides to discharge the show-cause notices, then, the interim order will operate for an additional period of ten days from the date of the communication of such order to the Petitioner herein. 8. We make it clear that we have not examined the merits of the rival contentions, and therefore, all contentions of all parties are left open to be agitated before the Board. 9. This petition is disposed of in the aforesaid terms without there being any order for costs.