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Public Interest Litigations

1993 - 1994

28) CHALLENGE TO PERMISSIONS GRANTED TO PALM HOTELS, MIRAMAR, TO FELL TREES

W.P.No.331/1993

Goa Foundation      vs.      The Tree Officer, State of Goa, Under Sec. (Forests), Conservator of Forest, Captain of Ports, Palm Hotels

Status: Pending final hearing and disposal.

 Palm Hotels project at Miramar

Permission to fell trees granted though it was CRZ area, within the no-development zone. Trees cut to make way for Palm Hotels (Marriott Hotels).

29) CHALLENGE TO NON-EXISTENT ROAD USED TO APPROVE PALM HOTELS

W.P.No.332/1993

Goa Foundation       vs.      Goa Town & Country Planning, P.P.D.A., State of Goa, Captain of Ports, Palm Hotels

Status: Pending final hearing and judgement.

30) PETITION CHALLENGING CONSTRUCTION OF PALM HOTELS, MIRAMAR

W.P.No.333/1993

Goa Foundation      vs.      P.P.D.A., State of Goa, G.S.C.E., Town & Country Planning Board, Panjim Municipal Council, Captain of Ports, Palm Hotels

The Palm Hotels project of the Salgaonkars, at Miramar beach, on the waterfront - is in violation of existing laws. The petition for demolition of the hotel has been admitted, but the hotel has been using one means or another to prevent the case from finally being heard. Petition is now pending final hearing and judgement.

Interim order reported: 1995 (1) GLT 181.

31) CHALLENGE TO CONSTRUCTION OF PALM HOTELS IN PORT JURISDICTION

W.P.No.391/1993

Goa Foundation      vs.      Captain of Ports, State of Goa, Revenue Secretary, Palm Hotels

Status: Pending final hearing and judgement.

32) PETITION TO EXPOSE FRAUD IN PREPARATION OF EIA FOR KONKAN RAILWAY

W.P.No.633/1993

Goa Foundation     vs.      Railway Board and ors.

The petition alleged (and produced documentary evidence to prove) that the EIA was fraudulently carried out, and demanded that RITES, the agency which had carried out the EIA for the Konkan Railway alignment, should be penalised by being asked to return the Rs.35 lakhs paid for the work. Petition dismissed as withdrawn by order dated 24.7.1995. Court was not inclined to set aside a contract at the instance of a stranger to the contract.

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