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Public Interest Litigations

1995 - 1996

33) CHALLENGE TO THAPAR DU PONT PROJECT

W.P. No. 16/1995

Vittal Ghana Satarkar and ors including Goa Foundation      vs.     Panchayat of Querim and ors

The petition challenges the approvals granted for the project in so far as they were not in consonance with the provisions of the Goa Panchayati Raj Act, 1993.

 DuPont Excavator

DuPont excavator burnt by protestors. The company eventually shifted to Tamil Nadu

Status: Allowed to be withdrawn by order dated 28.2.1995.

34) CHALLENGE TO THAPAR DU PONT PROJECT

W.P. No.18/1995

Laxmikant Venkatesh Desai and ors including Goa Foundation      vs.     State of Goa and ors

The petition challenged the acquisition of land for the project under the provisions of the Land Acquisition Act.

Status: Allowed to be withdrawn by order dated 30.3.1995

35) CHALLENGE TO THAPAR DU PONT PROJECT

W.P. No. 19/1995

L.V. Desai & ors including Foundation     vs.      State of Goa, Goa, Daman & Diu Indl. Dev. Corpn., E.D.C., Goa State Pollution Control Board, Secy., M.E.F., Thapar Dupont, Town & Country Planning Dept.

Challenged the siting decision relating to the establishment of Nylon 6,6 project at Kerim.

Status: Allowed to be withdrawn by order dated 30.3.1995

36) BINANI CASE

W.P.No. 178/1995

Bharat Mahadev Pednekar & the Goa Foundation      vs.     The Panchayat of Colvale

Status: Petition disposed of by judgement dated 10.7.1995. Director of Panchayats quashed the demolition order of the Panchayat of Colvale.

37) GOA HOUSING BOARD AT PILERNE FOREST

W.P. No.368/1995

Goa Foundation, Peaceful Society, N. Vishwa, Indian Heritage Society & Lionel Lobo      vs.     Goa Housing Board, Govt. of Goa, Conservator of Forests, Secy., M.E.F., Comunidade of Pilerne

Status: Petition allowed by order dated 22.1.1996. Construction prohibited.

38) CHALLENGE TO HTL DRAWN BY SURVEYOR GENERAL OF INDIA

W.P. No.102/1996

Goa Foundation & A. Simoes     vs.      State of Goa, G.S.C.E., Town & Country Planning Dept., Secy., M.E.F.

Status: HTL of Survey General of India stayed at interim stage. Petition allowed by order and judgement dated 3/4 July, 2000 delivered by Justice Ferdinho Rebello and Justice V.C. Daga. Order of the Goa government accepting the High Tide Line based on work done by Survey General of India quashed, as the state government had no authority in law to have the HTL demarcated under the CRZ Notification.

Judgement reported: 2000 (2) GLT 174.

Special Leave Petition filed in the apex court by the Goa Government pending.

39) ILLEGAL CONSTRUCTIONS IN CALANGUTE CRZ

W.P. No.126/1996

Goa Foundation     vs.     State of Goa, Panchayat of Calangute, Town & Country Planning Dept., G.S.C.E., Secy., M.E.F., Manoj Chodankar, A. Nayar, Panchayat of Candolim

Status: Petition allowed. Judgement dated 29.6.2000. Court directs that scheme submitted by the Goa government which includes weekly patrolling of CRZ areas be strictly adhered to in order to monitor constructions within CRZ areas. Violations to be brought to the notice of GCZMA which is to dispose of the matters expeditiously. Panchayat of Candolim and Panchayat of Calangute directed to pay Rs.15,000 each to the Goa Foundation as costs.

Judgement reported: 2000 (2) GLT 280.

40) PIVA RESORTS CASE

W.P. No.319/1996

Goa Foundation     vs.     G.S.C.E., State of Goa, Secy., M.E.F., Panchayat of Calangute, Dy.Collector, Piva Resorts

Status: Interim order granting stay of the project on 8.11.96. Appeal filed SLP Civil 4215/1997 by Piva rejected by apex court. Contempt petition filed for violation of interim order. Petition dismissed by an order dated 20.12.2000. However, stay maintained in order to enable the petitioner to move the Supreme Court in appeal. SLP filed. Awaiting admission and hearing.

Interim order reported: 1998 (1) GLT 364; Judgement reported: 2000 (1) GLT 6.

41) PENGUIN ALCOHOLS CASE

W.P. No.373/1996

R.V. Prabhudessai & Goa Foundation      vs.      G.S. Pollution Control Board, State of Goa, Penguin Alcohols, Shristal Panchayat, Secy., M.E.F.

Status: Disposed of by order dated 4.11.1996. The Penguin Alcohols company having been shut down by the State Pollution Control Board and no permissions given to it to start, the writ petition does not survive.

42) CHALLENGE TO DOLPHINS PROJECT AT DONA PAULA

W.P. No.385/1996

Goa Foundation & others     vs.      M/s.Dolphin Adventure Sports Ltd., Govt. of Goa, N.G.P.D.A., Town & Country Planning Dept., Dy. Collector, Mamlatdar, Conservator of Forests, Panaji Municipal Council

Status: Disposed off by judgement dated 21.7.97. The authorities are seized of the matter and construction activities stayed. Unless fresh clearance is granted by Goa State Committee on Coastal Environment and thereafter by Panjim Planning and Development Authority, Dolphin Adventure Sports will not undertake any fresh construction

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