WP/1143/2017 of SOUTH WEST PORT LTD., THR. ITS UNIT HEAD AND AUT. SIGN., ANTHONY FERNANDES., Vs STATE OF GOA, THR. THE CHIEF SECRETARY, GOVT. OF GOA AND ANR., on 27 December 2017

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 1143 OF 2017

SOUTH WEST PORT LTD., THR. ITS UNIT HEAD AND AUT. SIGN., ANTHONY FERNANDES.,

Versus

... Petitioner

STATE OF GOA, THR. THE CHIEF SECRETARY, GOVT. OF GOA AND ANR.,

... Respondents

Mr S.S. Kantak, Senior Counsel along with Mr. A Gosavi,Advocate for the Petitioners.

Mr. Dattaprasad Lawande, Advocate General along with Mr. P.Dangui, Government Advocate for Respondent Nos.1 and 2.

-Coram:M. S. SONAK, J.

-Date:

27th December 2017

P.C.:

Heard Mr S.S. Kantak, learned Senior Counsel along with Mr.A Gosavi, learned Advocate for the Petitioner and Mr.Dattaprasad Lawande, learned Advocate General along with Mr.P. Dangui, learned Government Advocate for Respondent Nos.1and 2.

2. The learned Advocate General fairly makes a statement thatuntil the Goa State Pollution Control Board (GSPCB) disposes ofthe Show Cause Notice issued to the petitioners, the GSPCB willnot insist upon the Petitioners providing the Bank Guarantee ofRs.1 crore as directed in the impugned decision dated 15thDecember, 2017. This statement is accepted.

3. In view of the aforesaid statement, the main relief applied inthe petition stands substantially worked out. the petition stands substantially worked out.

4. Mr. Kantak, learned Senior Advocate for the Petitionerssubmits that some directions be issued that if the GSPCB's finalorder is adverse to the Petitioners, the same may not be giveneffect for a period of at least two weeks from the date of itscommunication. The learned Advocate General, once againsubmits that it is open to the Petitioners to make a request for thecourse of personal hearing before the GSPCB and the GSPCB,will, make suitable orders thereon.

5. In view of the aforesaid, this petition is disposed of.

6. It is made clear that all contentions of the parties are leftexpressly open, since this Court has not adjudicated evenremotely on the merits of the matter.

7. All Concerned, to act on the basis of an authenticated copy ofthis order.this order.

mv

M. S. SONAK, J.