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Bombay High Court

PRAVINSINGH ARJUN SHEDGAONKAR AND ANRversusTHE STATE OF GOA, THR. ITS CHIEF SECRETARY AND 8 ORS

Disposal
Disposed of

Holding

The High Court disposed of the Miscellaneous Civil Application, permitting the applicants to file proceedings before the NGT on the same issues.

Summary

The Bombay High Court at Goa heard Miscellaneous Civil Application No.456/2026, which arose from PIL Writ Petition No.688/2025 (F) concerning whether an Environmental Impact Assessment (EIA) permission was required for a proposed project. The National Green Tribunal (NGT) had earlier ordered that the Goa State Environment Impact Assessment Authority (Goa‑SEIAA) refrain from deciding the matter pending the PIL before this Court. The applicants sought relief from the High Court, but indicated they would file an appropriate application before the NGT within a week to raise the same issues. The Court noted the pending NGT proceedings and, on the applicants' undertaking, deemed it appropriate to dispose of the present application. Consequently, the Miscellaneous Civil Application was dismissed, allowing the applicants to pursue their remedy before the NGT, while the writ petition was scheduled for further hearing.

Issues considered

  • Whether the High Court should entertain the Miscellaneous Civil Application when the same issue is pending before the National Green Tribunal
  • Whether the applicants should be permitted to approach the NGT to raise the environmental clearance concerns

Subjects

  • Environmental Impact Assessment
  • National Green Tribunal
  • State Environment Impact Assessment Authority
  • Public Interest Litigation
  • Writ Petition
  • Jurisdiction
  • Procedural disposal

Judgment

                              3-MCA-456-2026.DOC




Suchitra



             IN THE HIGH COURT OF BOMBAY AT GOA

                    MISC. CIVIL APPLICATION NO.456/2026
                                     IN
                     PIL WRIT PETITION NO.688/2025 (F)


 PRAVINSINGH ARJUN SHEDGAONKAR
 AND ANR.                                           … APPLICANTS

           Versus

 STATE OF GOA THR CHIEF SECRETARY
 AND 8 ORS.                                         … RESPONDENTS

 Ms Norma Alvares, Senior Advocate (thr VC) with Mr Om
 D’Costa, Advocate for the Applicants.
 Mr D. Pangam, Advocate General, Mr Mustafa Doctor (thr VC),
 Ms Rohini Jaiswal (thr VC), Ms Avantika Mehndiratta with Mr P.
 Arolkar, Additional Government Advocate for Resp No.1, 2 & 8.
 Mr D. Pangam, Advocate General, with Mr Neehal Vernekar,
 Additional Government Advocate for Resp No.7-GSEIAA.
 Mr J. Ramaiya and Mr O. Parab, Advocates for Respondent No.3.
 Mr Shivan Desai and Ms Riya Amonkar, Advocates for Resp No.4.
 Mr S. S. Kantak, Senior Advocate with Mr A. Salatry, Ms Neha
 Kholkar and Ms Saicha Dessai, Advocates for Respondent No.5.
 Mr Arjun Naik, Advocate for Respondent No.10 (thr VC).

                       CORAM:           VALMIKI MENEZES &
                                        AMIT S. JAMSANDEKAR, JJ.

                       DATED:           17th AUGUST 2026

 P.C. :


1.         During the hearing of this application, the learned AG has
placed before us an order dated 03.07.2026 passed in an original
application bearing No.100/2026 (WZ) by the National Green
Tribunal (NGT) at Pune.


                                    Page 1 of 4
                                 17th August 2026
                       3-MCA-456-2026.DOC




2.   On perusing the order, it is brought to our notice that the
minutes of the 193rd meeting of the Goa State Environment
Impact Assessment Authority (Goa-SEIAA) in which the
authority has refrained from taking a decision on the
representation of the Applicants before the NGT on whether the
EIA permission is required from the said authority, due to
pendency of PILWP No.688/2025 (F) before this Court.

3.   he order of the NGT records in paragraphs 3 and 4 as
under:-

     “3. Our attention is drawn by learned counsel for the
     applicants to Annexure- A7 beginning from page nos.132
     to 133 of the paper book, which is an information dated
     20.04.2026 sought by the applicant under RTI from the
     Goa Coastal Zone Management Authority (GCZMA), in
     which it is mentioned regarding the question as to whether
     the Project Proponent has obtained EC for the proposed
     Project under the EIA Notiication of 2006. Regarding this,
     information is supplied to the efect "no such information
     is available in this oice record". Based on this, it is urged
     by her that no application for EC has ever been moved by
     the Project Proponent for the proposed Project. It is further
     mentioned that 3rd person namely Mr. Aman Goyal had
     made a complaint about the Project in question, which was
     considered in the Minutes of Meeting of the Goa State
     Environment Impact Assessment Authority (GOA- SEIAA)
     held on 06.05.2026, which is annexed as Annexure A-25
     beginning from page nos.247 to 255 of the paper book, in
                             Page 2 of 4
                          17th August 2026
                         3-MCA-456-2026.DOC




       which clariications were sought from the Project
       Proponent in the form of an aidavit for further
       examination and appropriate consideration. But thereafter,
       it is alleged that no action was taken by Respondent No. 1-
       SEIAA, Goa.

       4. Learned counsel for the applicants has also drawn our
       attention to the satellite images of the site in question,
       which are annexed from page nos.187 to 195 of the paper
       book, in which it is clearly shown that at the site in
       question, earlier there was no construction, but
       subsequently, plotting appears to have been done for raising
       the construction in question and huge number of trees
       felling appear to have taken place for development of the
       said project.”

4.     Based on these observations, the NGT has issued notices to
the Respondents which include Goa SEIAA and the State of Goa
as also the private respondent, who is Respondent No.5 in this
Application. he matter is now listed on 01.09.2026 before the
NGT to consider whether any EIA permission was required for
now.

5.     he subject matter of this application raises the very same
issue. However, since the learned Advocate for the Applicants on
instructions submits that the Applicants would, within a week
from today, ile an appropriate application before the NGT to
raise issues raised in this application, we deem it appropriate to
dispose of this application in view of the statement made,

                               Page 3 of 4
                            17th August 2026
                                                         3-MCA-456-2026.DOC




                                  allowing the Applicants to ile such proceeding before the NGT
                                  to raise the issues raised herein. Misc. Civil Application
                                  No.456/2026 is accordingly disposed of.

                                  6.   he PIL Writ Petition is listed on 30.09.2026.


                                   AMIT S. JAMSANDEKAR, J.                VALMIKI MENEZES, J.




Signed by: SUCHITRA NANDAN                                     Page 4 of 4
SINGBAL                                                     17th August 2026
Designation: Personal Assistant
Date: 18/08/2026 14:20:20


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