43) ADVERTISING OF LIQUOR DESPITE STATUTORY BAN

W.P. No.49/1997

Goa Foundation     vs.     Commissioner of Excise, Dir. of Tourism, Navhind Times, Gomantak Times, O Heraldo

Status: Petition disposed of by order dated 28.2.2001 after Goa government informed the Court that it was withdrawing the controversial notification which permitted advertising of liquor on special occasions.

44) RELIANCE SALGAONCAR POWER PLANT

W.P. No.63/1997

Dr.J.C. Almeida & The Goa Foundation (Intervenor)      vs.      State of Goa, M/s.Reliance Salgaonkar Power Ltd.

The petition originated in a letter by the petitioner to the Court where he stated that despite the respondent Company charging a higher rate than that available to the Government (which it could not purchase due to the cost of the same), the Government still went ahead and signed a Power Purchase Agreement (hereinafter PPA) with the Respondent Company. Petition dismissed by judgement dated 12.2.1998.

45) ENVIRONMENTAL IMPACT OF MINING BY DHEMPO MINING CORPORATION AT BICHOLIM

W.P. No.109/1997

Ramesh S. Gauns & ors including Goa Foundation     vs.      State of Goa, Director, Industries & Mines, Regional Controller of Mines, Goa S.P.C.B., Min. of Environment & Forests, Min. of Steel & Mines, Mamlatdar - Bicholim Divn., Dhempo Mining Corporation

Status: Pending final hearing and judgement. Application filed for protection of Mayem Lake from mining related activities. Threat of sedimentation of the Lake is real and there is a scientific study documenting rate of sedimentation from mining rejects in the catchment area of the Lake.

46) TATA HOUSING PROJECT IN BETIM FOREST

W.P. No.273/1997

Goa Foundation & Nirmal Vishwa     vs.     Conservator of Forests, Tree Officer, Chief Town Planner, State of Goa, Dy. Collector (Mapusa Sub-Division), Panchayat of Penha da Franca, Min. of Environment & Forests, Manohar Sinai Bhandiye, Tata Housing Devp., Town & Country Planning Board. Petition allowed. All permissions quashed. Tatas directed to remove the constructions erected and restore the forest to its original condition. Tatas has appealed the order in the Supreme Court, which has ordered status quo.

Judgement reported: 1999 (1) GLT 1.

47) ENVIRONMENT PROBLEMS CREATED BY ASIATIC DEVELOPERS AT CALANGUTE

W.P. No.349/1997

Goa Foundation & Ms.Annie Coelho     vs.      Panchayat of Calangute, Health Officer, Candolim, Chief Town Planner, Goa S.P.C.B., Director of Tourism, M/s.Asiatic Estate Developments, M/s.Asiatic Estate Developments Pvt.Ltd., M/s.Asiatic Holiday Resorts Pvt.Ltd.

Status: SLP Civil 20433/1997 filed by Asiatic in Supreme Court against the interim order dismissed.

Pending final hearing and judgement.

Orders reported: 1998 (1) GLT 28 (Interim order); 1998 (1) GLT 1 (Supreme Court order).

48) DESTRUCTION OF AGRICULTURE BY KONKAN RAILWAY CORPORATION

W.P.No. 221/1997

Donxi Khazan Tenants Association Naroa       vs.     Konkan Railway Corporation

Status: Petition disposed of. KRC filed a statement of works that it would undertake to relieve villagers of difficulties encountered due to embankments constructed at Tikhazan, Mayem. Petition drawn by the legal cell of the Goa Foundation.

49) CHALLENGE TO CONSTRUCTION OF RAILWAY SIDING FOR ZUARI INDUSTRIES WITHIN CRZ OF SANCOALE

W.P. No.124/1998

The Anti Pollution Citizens Committee & Goa Foundation     vs.      State of Goa, Panchayat of Sancoale, Panchayat of Velsao-Pale, Chief Town Planner, Min. of Environment & Forests, South Central Railways, M/s.Zuari Agro Chemicals Ltd.

Status: Dismissed by order dated 15.6.1998.

50) ILLEGAL CONSTRUCTIONS WITHIN 200 METRES OF HTL AT PALOLEM BEACH

W.P. No.150/1998

Leonardo J.S. Fernandes & ors including Goa Foundation     vs.      Canacona Municipal Council, State of Goa, Goa State Comm.on Coastal Environment, Ministry of Env. & Forests, Ganesh Guno Pagui, Tony Rodrigues, Ramesh Nagarsenkar, Rajendra Datta Desai, Gurudas Gaitonde, Mohan Nagarsenkar, Carol Vaz, Ghanshyam D.Varik, Electricity Dept., P.W.D.

High Court allowed the petition by judgement dated 18.7.1998 and directed demolition of all constructions erected in violation of the CRZ notification. Special Leave Petition filed by the respondents against order of demolition in the Supreme Court dismissed.

Judgement reported: 1998(2) Goa L.T. 326

51) SUO MOTO WRIT PETITION ON ILLEGAL CONSTRUCTION AT COLVA BEACH

Writ Petition No.418/98

Goa Foundation as intervenor.     vs.      Village Panchayat of Colva, Director of Tourism & Commissioner of Excise

Petition relates to illegal construction within the 200 metres no-development zone of Colva CRZ.

Status: Disposed of by order dated 7.2.2001, as government authorities are seized of the matter.

52) CHALLENGE TO APPROVALS GIVEN TO DIKSHA TO CONSTRUCT ON SAND DUNES

Writ Petition No.427/98

Goa Foundation     vs.     Diksha Holdings Pvt Ltd, Ministry of Environment & Forests, New Delhi, Goa State Committee on Coastal Environment, State of Goa, Cancona Municipal Council

Petition admitted on 11.2.99, stay granted. SLP filed by Diksha Holdings in the apex court rejected. Petition transferred to Mumbai for hearing and dismissed by the Bombay High Court by its order and judgement dated 8.10.1999. Thereafter, SLP filed in the supreme court by the Goa Foundation. Admitted and stay granted. Dismissed by the Supreme Court by its judgement dated 10.11.2000. Appellant (Goa Foundation) has filed an application for recall of the judgement on the ground that the Supreme Court has erred seriously on facts that are part of its record.

Orders/judgements reported: 1999 (1) GLT 298 (Interim order); 2000 (1) GLT 186 (High Court judgement in W.P.No.4594/99 renumbered); 2000 (1) GLT 224 (Supreme Court interim order in GF appeal); 2000 (7) Scale 390 (Final Supreme Court judgement dismissing GF appeal).

53) ILLEGAL BUNGALOW WITHIN 200 METRES OF HTL

W.P. No.

Goa Foundation     vs.     Maharani Guest House, Panchayat of Majorda-Utorda, State of Goa, Chief Town Planner, Minister of Revenue

Status: Petition admitted, interim relief granted. Construction ordered to be sealed. Maharani has thereafter procured a stay of the part of the order directing sealing of the premises. Matter is reverted to the High Court for final hearing and judgement.

54) CHALLENGE TO COMPANY GUEST HOUSE IN CRZ

Writ Petition No.414/98

Goa Foundation     vs.     United Breweries, Panchayat of Candolim, Goa State Committee on Coastal Environment, Chief Town Planner

Status: Construction stayed, ordered to maintain status quo, by order dated 24.12.1998. Petition admitted. Pending final hearing.

Interim order reported: 1999(1) Goa L.T. 193

55) CONSTRUCTION OF FOUNDRY WITHOUT ENVIRONMENT CLEARANCE

Writ Petition No.420/1998

Goa Foundation      vs.     Teksid Kalyani Iron Foundry Ldt., the Environment Public Hearing Panel, the Panchayat of Navelim, State of Goa, Goa SPCB, Secretary, MOEF, GDIDC

Status: Construction stayed on the ground that no construction is permitted without prior environment clearance for foundries. Petition disposed of by order dated 29.1.1999.

Judgement reported: 1999(1) Goa L.T. 321

56) CRZ VIOLATIONS IN CANDOLIM: IN EXCESS OF QUOTA PERMITTED

Writ Petition No.422/1998

Goa Foundation     vs.     The Panchayat of Candolim, GCZMA, State of Goa, CTP, Secretary, MOEF.

Status: Petition admitted on 6.5.1999. Court informed that no further approvals will be granted in the CRZ of the entire state of Goa for residential purposes till such time as it has received clarifications from National CZMA.

Order reported: 1999(2) Goa L.T. 330.

57) NOISE POLLUTION BY BRISA RESORTS

Writ petition No.364/98

Parent Teachers Association, Little Flower of Jesus High School, Calangute & Goa Foundation     vs.     Brisa Leisure Resorts, Panchayat of Calangute, Commissioner of Excise, Department of Tourism, State of Goa, Director of Panchayats

Status: Dismissed at admission stage on 13.10.98. SLP against order filed in the apex court. Apex court directs all issues are still open.

58) PROTECTION OF BEACHES FROM FOOD FESTIVALS AND OTHER COMMERCIAL FUNCTIONS

Writ Petition No.55/99

People’s Movement for Civic Action (PMCA) & Goa Foundation      vs.     Dept of Tourism, Panjim Municipal Council, O Heraldo, State of Goa, SHO, Panaji.

Status: Petition disposed of by order dated 14.2.2001. Government filed affidavit that it would no longer permit commercialisation of the beaches and also set out a scheme for keeping the beaches clean.

59) CRZ VIOLATIONS IN CALANGUTE: IN EXCESS OF QUOTA PERMITTED

Writ Petition No.99/1999

Goa Foundation     vs.     The Panchayat of Calangute and ors.

Status: Pending final hearing. Advocate General informed the Court that no further approvals will be granted in CRZ III of the entire state of Goa for residential construction till such time as it has received clarifications from National CZMA.

Order reported: 1999(2) Goa L.T. 330

60) PETITION INVOLVING PROPER ARRANGEMENTS FOR DISPOSAL OF GARBAGE BY MUNICIPALITIES AND PANCHAYATS IN GOA

W.P.No.109/99

Suo Moto Petition     vs.     Chief Officer, Margao and ors.

Goa Foundation and three other environment groups, intervenors.

Disposed of by order in January, 2001.

61) CURCHOREM DUST POLLUTION FROM MINING ACTIVITIES

Writ Petition No.123/99

John V Pereira & ors including Goa Foundation     vs.      Curchorem-Cacora Municipal Council and 20 others

Status: Ad-interim relief granted in the form of directions to truck owners to cover their trucks with tarpaulin and have the ore watered in the wagons prior to unloading. Chief Secretary asked by the Court to produce a detail report. Report submitted. Government to file statement on Chief Secretary’s report.

62) CHALLENGE TO NEW HOTEL IN PRIVATE FOREST AREA

Writ Petition No.136/99

Goa Foundation     vs.     Deputy Collector and seven others including Golden Peace Hotels and Resorts Pvt Ltd.

Status: Disposed of by order dated 13.7.2000. Liberty given to petitioner to file appropriate petition regarding protection of private forests in the area.

63) CHALLENGE TO CONSTRUCTION WITHIN 200 METRES OF HTL

Writ Petition No.204/99

Goa Foundation     vs.     M.M. Caculo, Panchayat of Candolim, State of Goa, Chief Town Planner, Goa State Committee on Coastal Environment, Department of Electricity, Kamal Morarka

Status: Construction stayed, petition disposed of by order dated 10.1.2000 as the "issue is now squarely within the province of the National Coastal Zone Management Authority by virtue of their powers of review."

Judgement reported: 2000 (1) Goa L.T. 130

64) UNAUTHORISED AQUACULTURE FARM AT TUEM

W.P.No.302/99

Tuem Nagrik Samiti and Goa Foundation     vs.      Village Panchayat of Tuem, State of Goa, North Goa District Aquaculture Committee, Aquaculture Authority of India, The Collector, North Goa, Directorate of Health Services, The Brackish Water Development Agency, The Directorate of Fisheries, Goa State Pollution Control Board, John Joseph D’Souza

Petition filed for permanently restraining the Respondent No.10 from operating his aquafarm at Tuem, Pednem, Goa.

Status: Petition disposed of by an order dated 11.1.2000. No fresh stocking of the aquafarm till Aquaculture Authority issues appropriate orders. Petitioners free to challenge any orders passed.

Judgement reported: 2000 (1) Goa L.T. 127

65) PETITION FOR IMPLEMENTATION OF NOISE CONTROL RULES

W.P.No.366/99

Goa Environment Federation     vs.     State of Goa and ors.

Petition drawn by legal cell of Goa Foundation. Disposed of by judgement dated 2000 (1) GLT 225.

66) CHALLENGE TO APPOINTMENT OF ARECIO D’SOUZA AS CHAIRMAN OF THE STATE POLLUTION CONTROL BOARD

W.P.No.384/99

Goa Foundation     vs.     Arecio D’Souza and ors

The appointment of Arecio D’Souza as Chairman of the SPCB does not meet the requirements laid down under the Water Act, 1974 and the Air Act, 1981.

Status: Interim order dated 18.1.2000 granted, restraining Arecio D’Souza from participating in or making decision in a meeting with regard to any major subject which comes before the SPCB