Bombay High Court
THE COMMUNIDADE OF MURDA THR. ITS ATTORNEY DR. XAVIER MARTINSversusTHE STATE OF GOA THR. THE CHIEF SECRETARY AND 13 ORS.
- Disposal
- Disposed of
Holding
The Court ordered the demarcation of the bund to its original width, removal of excess portions, construction of culverts, and erection of fencing to restore and protect the mangrove area.
Summary
The High Court of Bombay at Goa heard a public interest litigation concerning a bund that had been widened beyond its original dimensions across mangrove areas in Village Murda, Goa. The petitioners alleged that the excess width obstructed water flow and threatened the mangrove ecosystem. The Court examined a report from a Task Force, which identified the discrepancy between the current and original bund widths and recommended remedial measures. Relying on the report, the Court directed the Task Force to demarcate the bund according to the old survey, remove the excess portions, construct culverts to restore hydrology, and erect fencing at the NH‑66 junction. The Court also instructed the Amicus Curiae to consider further action regarding adjacent mangroves and set a three‑week deadline for compliance.
Issues considered
- What is the appropriate width of the bund as per the original survey records?
- Whether the excess portion of the bund should be removed to restore mangrove hydrology?
- Whether construction of culverts and fencing is required to protect the mangrove ecosystem?
Subjects
- Environmental Law
- Mangrove Conservation
- Public Interest Litigation
- Land Demarcation
- Hydrology Restoration
- Biodiversity
- Bund Width
Judgment
15 PILWP 39 2018
vinita
IN THE HIGH COURT OF BOMBAY AT GOA
PUBLIC INTEREST LITIGATION WP NO.39 OF 2018
WITH
MISC.CIVIL APPLICATION NO.306 OF 2025 (F), MISC.CIVIL
APPLICATION NO.1870 OF 2026 (F)
PUBLIC INTEREST LITIGATION WP NO.39 OF 2018
KASHINATH JAIRAM SHETYE AND 8
ORS., ... PETITIONER
Versus
THE STATE OF GOA, THR. THE CHIEF
SECRETARY AND 22 ORS. ... RESPONDENTS
WITH
MISC.CIVIL APPLICATION NO.306 OF 2025 (F)
SARVESH KHANDOLKAR ... APPLICANT
Versus
THE STATE OF GOA, THR. THE CHIEF
SECRETARY AND 13 ORS. ... RESPONDENTS
WITH
MISC.CIVIL APPLICATION NO.1870 OF 2026 (F)
SHAMIR COUTINHO ... APPLICANTS
Versus
THE STATE OF GOA, THR. THE CHIEF
SECRETARY AND 22 ORS. ... RESPONDENTS
Petitioner in person.
Mr Nigel Da Costa Frias, Advocate-Amicus Curiae, with Mr
Karthik Panchal and Ms M. Fernandes, Advocates.
Mr. Deep Shirodkar, Additional Government Advocate for
Respondent Nos.1,2,4,5,6,7 and 9.
Mr. Joaquim Godinho, Advocate for Respondent No.3.
Ms. Annelise Fernandes, Advocate for Respondent No.10.
Ms Kripa Pilarnekar, Advocate for the Respondent No.11.
Mr Suresh Palkar and Ms. Bindiya Dinkar Vernekar, Advocates
for Respondent No.22 and 23.
Mr. Prayash Shirodkar, Advocate for Respondent No.12.
Mr. Nigel Fernandes, Advocate for Respondent No.13.
Mr S. G. Desai, Senior Advocate with Ms S. Shelke, Advocate
for the Intervenor.
Page 1 of 4
24th August, 2026
15 PILWP 39 2018
CORAM:- VALMIKI MENEZES &
AMIT S. JAMSANDEKAR, JJ.
DATED :- 24th August, 2026
P.C.
A report has been placed on record by the Task Force under
the signatures of the Member Secretary of the Goa State
Biodiversity Board and the Chief Conservator of Forests, Goa
Forest Department.
2. From the material contained in the report, and particularly the
recommendation contained in Clause (2) thereof, it is evident that
the Task Force has identified that the bund traversing from NH-66
on the western side, across the mangroves towards the east, under
Survey No. 93/1 of Village Murda, is presently substantially wider
than its original width as reflected in the official survey records.
3. Accordingly, we direct the Task Force, through the services of
a Surveyor to be provided by the DSLR, to demarcate, in terms of
both width and length, the bund situated under Survey No. 93/1 of
Village Murda, commencing from NH-66 and extending along its
entire length. The demarcation shall be carried out strictly with
reference to the exact width of the bund as reflected in the old plan
maintained by the DSLR.
4. Upon completion of the demarcation and specific marking of
the original width of the bund, the Task Force shall identify those
portions of the bund which are in excess of the original recorded
width. Such excess portions shall be removed by the
Page 2 of 4
24th August, 2026
15 PILWP 39 2018
Communidade of Murda, being the occupant of the said land.
5. The Task Force shall also, in terms of the recommendation
contained in paragraph 2 of the report, identify the precise
locations for the construction of culverts across the said bund so as
to facilitate the free flow of water through the bund and across the
mangroves up to the spring, with a view to restore the hydrology of
the area.
6. The aforesaid process shall be completed within a period of
three weeks from the date of this order, and the Task Force shall
thereafter place a report to that effect before this Court.
7. Insofar as Recommendation No. 3 of the report is concerned,
the Communidade of Murda shall ensure that proper fencing is
erected at the point where the aforesaid bund meets NH-66. The
Communidade of Murda shall further ensure that the said fencing
and gate are erected within a period of three weeks from the date of
passing of this order.
8. The affidavits-in-reply on behalf of Respondent Nos. 22 and
23 have already been placed on record. The said affidavits pertain
to the mangroves situated under Survey No. 58/1.
9. The learned Amicus Curiae shall consider what further action
is required to be taken in respect of the mangroves situated under
Survey No. 58/2.
Page 3 of 4
24th August, 2026
15 PILWP 39 2018
10. List the matter on 22.09.2026.
AMIT S. JAMSANDEKAR, J. VALMIKI MENEZES, J.
Signed by: VINITA VIKAS NAIK
Designation: Private Secretary
Page 4 of 4
Date: 25/08/2026 11:54:46
24th August, 2026
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