Dilip Mangesh Morje vs Goa Coastal Zone Management Authority And 4 Ors

Heard Mr. Dattaprasad Lawande, learned Advocate for the Petitioner, Mr. Shubham Priolkar, learned Additional Government Advocate for the Respondent Nos. 1, 2 and 3 and Mr. Gaurish Agni, learned Advocate for the Respondent No.5.

On 28/05/2026, the following order was passed:

"1.This Petition is circulated pursuant to the praecipe dated 28.05.2026. In view of the urgency expressed by Mr Lawande, this Petition was ordered to be taken up after the lunch break.

Heard Mr D. Lawande, learned Advocate for the Petitioner and Mr S. Priolkar, Additional Government Advocate for Respondent Nos.1 to 3.

By the present Petition, the Petitioner has sought the following substantive relief:

"a) For an order calling for the records and proceedings on the file of the Hon'ble National Green Tribunal in Appeal No.28/2025 (WZ) and for the records and proceedings on the file of the Respondent No.1 in Show Cause Notice bearing Ref. No. GCZMA / N /ILLE COMPL/22 23/35/Part III and upon perusing the legality, propriety and correctness of the Impugned Judgment and Order dated 24/04/2026 passed in Appeal No.28/2025 (WZ) and the Direction dated 16/01/2025 passed by the Respondent No.1 in Show Cause Notice bearing Ref. No. GCZMA / N / ILLE COMPL / 22 23/35/Part III, be pleased to quash and set aside the Impugned Order dated 24/04/2026 and consequently quash and set aside the Direction dated 16/01/2025 passed by the Respondent No.1."

Upon this Court raising a query regarding the availability of a statutory remedy by way of an Appeal under Section 22 of the National Green Tribunal Act 2010 ("NGT Act 2010") before the Hon'ble Supreme Court against the Impugned Judgment and Order dated 24/04/2026 passed by the National Green Tribunal in Appeal No.28/2025 (WZ), Mr D. Lawande, learned Advocate for the Petitioner, submits that the Petitioner will approach the Hon'ble Supreme Court by filing an Appeal under Section 22 of the NGT Act 2010 within six weeks from today. He further submits that, for a period of six weeks, Respondent No. 1 be directed not to demolish the structure identified as Structure "B" (Edem Garden Hotel) in the Order dated 16/01/2025 issued by Respondent No. 1. He submits that, though Structure "B" is referred to as a Hotel, it is a residential Structure. He, on instructions from the Petitioner, undertakes not to use Structure "B" for any commercial activities. He submits that the Petitioner has no objection to the demolition of the other Structures referred to in the Order dated 16/01/2025 issued by the Respondent No. 1.

Mr S. Priolkar, learned Additional Government Advocate for Respondent No.1, in all fairness and on instructions from Respondent No.1, states that Respondent No.1 will not demolish Structure "B" for a period of six weeks from today. He submits that the Petitioner should file an undertaking in the form of an affidavit, stating that the structure shown as Structure 'B' in the Order dated 16.01.2025 is a residential structure and that the Petitioner shall not utilise Structure "B" for any commercial purpose.

Mr S. Priolkar learned Additional Government Advocate for Respondent No.1 states that upon expiry of the six week period from today, if the Petitioner is unable to obtain any stay from the Hon'ble Supreme Court, said Structure 'B' which is held to be illegal shall be demolished without any delay.

Mr S. Priolkar learned Additional Government Advocate for Respondent No. 1 submits that the other illegal structures, namely Structures A, C, D, E, F, G and H, referred to in the Order dated 16/01/2025 issued by Respondent No.1, shall be immediately demolished in terms of that Order. Mr D. Lawande, on instructions from the Petitioner, reiterates his no objection to the demolition of the Structures A, C, D, E, F, G and H referred to in the Order dated 16/01/2025.

Mr Lawande states that the Petitioner shall file the undertaking in respect of Structure B, as referred to in the Order dated 16/01/2025, in this Court on 29.05.2026.

In view of the statement made by Mr S. Priolkar, learned Additional Government Advocate for Respondent No. 1, Mr Lawande states that this Petition be disposed of.

Accordingly, by taking the statements made by Mr D. Lawande, learned Advocate for the Petitioner and Mr Priolkar, learned Additional Government Advocate for Respondent No.1, on record, this Petition is disposed of.

List this Petition on 29.05.2026 for taking the Petitioner's undertaking on record."

Mr. Gaurish Agni, learned Advocate for the Respondent No. 5, states that the Respondent No. 5 is the Complainant whose complaint led to the initiation of the demolition action by the Respondent No. 1. The demolition order dated 16/01/2025, passed by the Respondent No. 1, has been upheld by the National Green Tribunal at Pune in the appeal filed by the Petitioner. He submits that although the Respondent No. 1 has stated that Structure "B" would not be demolished for a period of six weeks, that period, according to him, is excessive. To clarify, he submits that once the Respondent No. 1 has ordered demolition, the structure must be demolished forthwith in the absence of any stay by the higher Court. He submits that the order passed by the National Green Tribunal at Pune is dated 24/04/2026, accordingly, the Petitioner had sufficient time to approach the Hon'ble Supreme Court. He submits that the filing of this petition is an abuse of the process of law. He further submits that the construction of the illegal structure prejudices the Respondent No. 5.

Mr. Gaurish Agni, learned Advocate for Respondent No. 5, submits that the Petitioner failed to notify Respondent No. 5 of the filing of this petition and/or of the matter being circulated before this Court, thereby depriving Respondent No. 5 of the opportunity to place his case before this Court on 28/05/2026. Mr. Gaurish Agni, therefore, requests that the objections of Respondent No. 5 be considered.

Faced with the contentions urged by Mr. Gaurish Agni, learned Advocate for Respondent No. 5, Mr. Dattaprasad Lawande, learned Advocate for the Petitioner, acknowledges that Respondent No. 5 was not notified by the Petitioner of the petition being circulated before this Court on 28/05/2026. Accordingly, he submits that Respondent No. 5 be heard in this petition. Mr. Shubham Priolkar, learned Additional Government Advocate, submits that Respondent No. 5 be afforded a hearing in this petition.

Mr. Dattaprasad Lawande, learned Advocate for the Petitioner, states that the Petitioner will approach the Hon'ble Supreme Court by filing an Appeal under Section 22 of the National Green Tribunal Act, 2010, within three weeks from today.

Although, the Respondent No. 1 has stated that the demolition order dated 16/01/2025 in relation to Structure "B" will not be executed for a period of six weeks, considering the contentions raised by Mr Gaurish Agni, the said period is required to be curtailed by three weeks from today.

Mr. Shubham Priolkar, learned Additional Government Advocate, on instructions from Respondent No. 1, states that Respondent No. 1 will demolish Structure "B" immediately upon expiry of three weeks from today, unless the Petitioner produces an order of stay from the Hon'ble Supreme Court.

Mr. Gaurish Agni, learned Advocate for Respondent No. 5, submits that, with the statements of Mr. Dattaprasad Lawande and Mr. Shubham Priolkar recorded in the preceding paras nos. 7, 8 and 9, the rest of the order dated 28/05/2026 passed by this Court be maintained.

In terms of paragraph 8 of the order dated 28/05/2026, Mr. Dattaprasad Lawande, learned Advocate for the Petitioner, tendered an Affidavit-cum-Undertaking dated 29/05/2026, same is taken on record and marked "X" for identification. The undertakings given by the Petitioner in the Affidavit-cum-Undertaking dated 29/05/2026 (X) are accepted as undertakings to the Court. Copies of the Undertaking dated 29/05/2026 (X) are furnished to Mr. Shubham Priolkar, learned Additional Government Advocate and Mr. Gaurish Agni, learned Advocate for Respondent No.5.

With the above clarification, this Petition is disposed of.