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2022 DIGILAW 654 (BOM)

Tony Rodrigues v. State of Goa, through the Chief Secretary

2022-03-08

M.S.SONAK, R.N.LADDHA

body2022
JUDGMENT : M.S. SONAK, J. 1. Heard the learned counsel for the parties. 2. Rule. The rule is made returnable forthwith at the request and with the consent of the learned counsel for the parties. 3. The main grievance of the petitioner is that illegal hill cutting and destruction of the environment is taking place or has taken place in the property bearing Survey No. 276/6 of Village Taleigao, besides Supremo building on the right-hand side of the road leading from Taleigao Church towards Soi Hotel and the authorities that are enjoined by law to take action, are not taking action. 4. Mr. De Sa, learned counsel for the petitioner points out several complaints made by the petitioner including the complaint dated 20.10.2021 addressed to the Greater Panaji Planning and Development Authority (Pages 31 to 34 of the paper book). 5. Mr. De Sa also points out how, by a note dated 05.11.2021, the Chief Town Planner has forwarded the complaint to the Member Secretary of GPPDA. Mr. De Sa submits that despite all this, the GPPDA is not taking any action and in the meanwhile, the acts of hill cutting and destruction of the environment continue unabated. 6. Mr. Takkekar learned counsel who appears for respondent No. 5 points out that respondent No. 5 has not done any hill cutting. He points out that there was a landslide and respondent No. 5 was simply clearing the debris/soil. 7. The learned Advocate General points out that upon receipt of the petitioner's complaint, the Collector i.e. respondent No. 4 issued a stop-work order dated 13.10.2021 to respondent No. 5. The learned Advocate General states that a report/information has already been forwarded to the Member Secretary of the GPPDA to take action in terms of the law. 8. Mr. Mahambrey, learned counsel for the GPPDA states that the petitioner's complaint will be inquired into and if necessary the action will be taken in terms of law within two weeks from today. This statement is made on instructions from the Member Secretary of the GPPDA. This statement is accepted and the Member Secretary is directed to act accordingly. 9. In this case, we make it clear that the Member Secretary will have to act with the utmost dispatch and without any unnecessary delay. This statement is made on instructions from the Member Secretary of the GPPDA. This statement is accepted and the Member Secretary is directed to act accordingly. 9. In this case, we make it clear that the Member Secretary will have to act with the utmost dispatch and without any unnecessary delay. At least prima facie, we find that the complaints were made from time to time not only by the petitioner but report/intimation was forwarded to the Member Secretary by the office of the Chief Town Planner as well as the Collector. Despite all this, there is no good explanation as to why the GPPDA did not act immediately in the matter. Mr. De Sa points out that if the authorities do not act immediately then the acts of hill cutting will be completed and the person responsible for the same plead fait accompli. 10. Accordingly, we direct the Member Secretary of the GPPDA to look into the complaint of the petitioner and take action in terms of the law as expeditiously as possible and in any case within two weeks from today. If any adverse orders are proposed to be made, there is no doubt the GPPDA will comply with the principles of natural justice and fair play. Respondent No. 5 should not delay filing the response. 11. The Member Secretary should now visit the site immediately and take cognizance of the status at the site so that by the time of the hearing, there is no alteration in the status quo. 12. All contentions of all parties are however left open to be determined by the GPPDA. 13. The decision of the GPPDA should be communicated to both the petitioner as well as respondent No. 5 within one week from the date the same is taken. This means that the entire exercise should be completed within a maximum of three to four weeks from today. 14. The rule is disposed of in the aforesaid terms. There shall be no order for costs.