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News Archives


Public Interest Litigations

1991 - 1992

15) PETITION SEEKING DIRECTIONS ON ‘RIGHT TO KNOW’ DOCUMENTS FROM PLANNING AUTHORITIES

W.P.No.214/1991

Goa Foundation     vs.      South Goa Planning and Development Authority, N.P.D.A., S.P.D.A.

Status: Disposed of by judgement dated 7.1.1998. Interim orders directed authorities to grant petitioner inspection of required documents. As Goa Government has brought the Goa Right to Information Act, 1997, into force, the reliefs sought by the petitioner are taken care of.

16) VIOLATIONS OF ENVIRONMENT NORMS BY HOSPITALITY RESORTS

W.P.No.215/1991

Goa Foundation      vs.      South Goa P.D.A., State of Goa, Hospitality Resorts

Status: Allowed to be withdrawn with liberty to file again if decision taken by the Planning Authority is not acceptable to the petitioner. Fresh petition No.473/97 filed by GF subsequently (see below).

17) CHALLENGE TO SALGAONCAR RESIDENCE WITHIN 200 METRES OF HTL AT CANDOLIM

W.P.No.221/1991

Goa Foundation      vs.      N.P.D.A., Panchayat of Candolim, State of Goa, V.M. Salgaonkar, Secy., M.E.F.

Status: Dismissed by judgement dated 7.10.1991.

18) CRZ VIOLATIONS BY CIDADE DE GOA

W.P.No.24/1992

Goa Foundation      vs.      Fomento Resorts, M/s.Sociedade e Fomento Industries, P.P.D.A., State of Goa, Village Panchayat of Taleigao, G.S.C.E., Collector, North Goa

Status: Pending final hearing and judgement.

19) PRIVATISATION OF BEACH BY CIDADE DE GOA

W.P.No.36/1992

Goa Foundation      vs.      M/s.Sociedade e Fomento Industries, P.P.D.A., State of Goa, Village Panchayat of Taleigao, G.S.C.E., Collector, North Goa, Town & Country Planning Board

Allowed by judgement and order dated 25.4.2000. SLP filed by Cidade de Goa in the Supreme Court. Stay on demolitions ordered. SLP admitted. Civil Appeal pending hearing.

Judgement reported: 2000 (2) Goa L.T. 49

20) PRIVATISATION OF BEACH BY CIDADE DE GOA

W.P.No.37/1992

Goa Foundation     vs.      Fomento Resorts, M/s.Sociedade e Fomento Industries, P.P.D.A., State of Goa, Village Panchayat of Taleigao, G.S.C.E., Collector, North Goa

Status: Disposed of by judgement dated 25.4.2000. SLP filed by Goa Foundation admitted by the Supreme Court; pending hearing of the civil appeal.

21) VIOLATION OF ENVIRONMENT NORMS BY BEACH ARK HOTEL, FATRADE

W.P.No.76/1992

Beach Ark Hotels & Appu Rajan

(Goa Foundation as Intervenor)     vs.      Union of India, State of Goa, Chief Elec. Engineer, Panaji, S.P.D.A.

Status: Disposed of by judgement dated 22.4.1992. Beach Ark undertakes to demolish fencing within 15 days and close down basement permanently within one year from today. Writ petition disposed of in aforesaid terms.

22) FOR DIRECTIONS TO THE STATUTORY AUTHORITIES TO TAKE AIR AND WATER SAMPLES FROM ZUARI FERTILISER COMPLEX

W.P.No.94/1992

Francisco Barretto & Goa Foundation     vs.      Chief Inspector of Factories, Goa SPCB.

Status: Petition allowed by order and judgement dated 4.5.2000. It is incumbent on the authorities to monitor a matter once notice under EPA is received and to furnish relevant reports to citizens who have complained of pollution under the relevant pollution control Acts.

Judgement reported: 2000 (2) Goa L.T. 113

23) BENEFICIATION PLANT IN FOREST AREA

W.P.No.113 /1992

Goa Foundation and Peaceful Society      vs.      State of Goa, Conservator of Forests, Secy. M.E.F., Chowgule & Co.

Status: Project injuncted for eight years. Petition allowed by order and judgement dated 21.7.2000 delivered by Justice Ferdinho Rebello and V.C. Daga. Held that the lease granted to Chougule by the State Government is "still-born, null and void." Chougule was directed to restore the land to its original condition.

Judgement reported: 2000 (2) GLT 386.

Chougule filed a Special Leave Petition No.14130/2000 against the judgement in the apex court which is still pending.

24) PETITION ON IMPLEMENTATION OF GOA COASTAL ZONE MANAGEMENT PLAN

W.P.No.115/1992

Goa Foundation      vs.      G.S.C.E., State of Goa, Secy., M.E.F.

Status: Petition disposed of by a judgement dated 15.7.98 after the Advocate General informed the Court that the Goa government is following the approved CZMP.

Judgement reported: 1998 (2) GLT 348.

25) PETITION CHALLENGING ALIGNMENT OF KONKAN RAILWAY IN GOA

W.P. No.

Goa Foundation     vs.      Konkan Railway Corporation and ors.

Petition challenged the legality of the alignment proposed on the ground that the project had not received environment clearance, and the alignment was proposed through the CRZ. The Court dismissed the petition on 29.4.1992 on the ground that environment clearance under the EPA, 1986, was not required in view of Section 11 of the Railway’s Act passed by Parliament in 1989.

Judgement reported: AIR 1992 BOMBAY 471.

26) FRESH PETITION AGAINST HOSPITALITY FOR VIOLATION OF ENVIRONMENT NORMS

W.P.No.473/1992

Goa Foundation      vs.      S.P.D.A., State of Goa, Hospitality Resorts (now Kenilworth’s Resort)

Status: Permissions stayed. Status quo order. Pending final hearing and judgement.

27) CONSTRUCTIONS IN 200 METRES OF THE HTL IN VIOLATION OF CRZ NORMS

W.P.No.507/1992

Goa Foundation      vs.      State of Goa, S.P.D.A., G.S.C.E., Garth DeSouza, Village Panchayat of Cavelossim, Commissioner of Excise

Status: Respondent No.6 restrained from granting bar licence. Pending final hearing and judgement

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