UDAY SUDHAKAR DESSAIversusALCHEMIST ASSET RECONSTRUCTION CO. LTD THR AKSHAT SHARMA AND ANR

                                904 WP 1329 2026

     Andreza

           IN THE HIGH COURT OF BOMBAY AT GOA
                   WRIT PETITION NO.1329 OF 2026

UDAY SUDHAKAR DESSAI                                    ... PETITIONER
  Versus
ALCHEMIST ASSET RECONSTRUCTION CO.
LTD THR AKSHAT SHARMA AND ANR                           ... RESPONDENTS


Mr. Shivan Desai, Advocate with Mr. Jatin Ramaiya, Advocate
for Petitioner.
Mr. Karan Batura, Advocate with Mr. Sarvesh Sawant, Advocate
for Respondent no. 1.
Mr. Shubham Priolkar, Additional Government Advocate for
Respondent no. 2.


                     CORAM:- S. G. CHAPALGAONKAR, J.
                     DATED :- 29th September, 2026

P.C.


1.     This Writ Petition takes exception to Order dated 09.09.2026,
passed by learned National Green Tribunal (NGT), Western Zone
Bench, Pune, in Appeal No. 612/2025.


2.      Mr. Desai, learned Advocate appearing for Petitioner, would
assail the impugned Order firstly on ground that it has been passed
in gross violation of principles of natural justice and statutory
requirements under Section 19(4)(i) of National Green Tribunal
Act, 2010. Secondly, text of impugned Order suggests that, prima
facie, Green Tribunal was of the view that no case is made out by

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the Appellant, still interim injunction is issued against Petitioner
from continuing commercial activities in the premises.


3.      Per contra, Mr. Batura, learned Counsel appearing for
Respondent No.1, supports the impugned Order and endeavours to
contend that extraordinary jurisdiction of this Court ought not be
invoked in view of provisions contained in Section 22 of the Act,
which provides for a direct appeal of any order passed by the
National Green Tribunal. He would endeavour to take this Court
through material in support of impugned Order and justify the
same.


4.   Having considered submissions advanced by learned Counsel
appearing for respective parties, this Court is of the view that, in
wake of observations made by Tribunal itself, when no merit was
found in contention of Respondents, ex parte interim injunction
could not have been granted, particularly without issuing notice of
hearing and affording an opportunity of being heard to Petitioner as
mandated under Section 19(4)(i) of the NGT Act.


5.      Further, a reference to affidavit in reply filed on behalf of
Respondent no.2 before NGT, indicates that on inspection of
subject site, it was observed that unauthorised temporary structures
which were subject matter of proceedings, had been demolished
and/or removed from site.        Admittedly, the grievances raised

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                        before the Authority were with regard to the structures which were
                        raised beyond specific licence or construction permission granted
                        in favour of Petitioner.


                        6.              In wake of aforesaid material, impugned Order cannot be
                        countenanced in law, to the extent it distanced Petitioner from
                        continuing the commercial activities within premises which is
                        legally constructed and put into operation for commercial purpose.


                        7.              In result, Writ Petition is allowed. The impugned Order
                        dated 09.09.2026 passed by NGT                          to the extent it restrains
                        Petitioner from carrying commercial activity, is quashed and set
                        aside.


                        8.       Needless to state that observations made hereinabove are only
                        for the purpose of disposing of present Writ Petition and parties are
                        at liberty to advance their submission on merit before NGT and,
                        upon consideration of such submissions, further Orders can be
                        passed by NGT without being impeded by observations made
                        hereinabove.


                        9.       Writ Petition is disposed of.



                                                                     S. G. CHAPALGAONKAR, J.
Signed by: ANDREZA PEREIRA
Designation: Senior Private Secretary
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to the Hon'ble Judge
Date: 29/09/2026 16:51:49                                     29th September, 2026