Bombay High Court

ANTONIO FERNANDESversusTHE STATE OF GOA THR THE CHIEF SECRETARY AND 5 ORS

Disposal: Withdrawn

Holding

The petition is disposed of as withdrawn, with no merits decided.

Summary

The petitioner, Antonio Fernandes, challenged a Goa State Pollution Control Board order dated 03.04.2024 that restricted his restaurant. He contended that his establishment falls within the “White” category under a Central Pollution Control Board order dated 20.07.2026, warranting revocation of the earlier order. The High Court observed that the GSPCB had indeed revoked the impugned order and noted a pending tenancy application by the petitioner under the Goa Buildings (Lease, Rent and Eviction) Control Act, 1968. On the petitioner’s request, the court allowed the withdrawal of the writ petition without prejudice to any future rent‑control proceedings. Accordingly, the petition was disposed of as withdrawn and the GSPCB was directed to de‑seal the premises within two days, leaving all other contentions open.

Issues considered

The maintainability of the writ petition after the revocation of the impugned pollution control order
The appropriate relief regarding de‑sealing of the premises
The impact of the pending tenancy application under the Goa Buildings (Lease, Rent and Eviction) Control Act, 1968 on the petition

Legislation cited

Goa Buildings (Lease, Rent and Eviction) Control Act, 1968 — s. 18

Subjects

pollution control
environmental clearance
White category
Central Pollution Control Board
Goa State Pollution Control Board
tenancy rights
lease
rent
eviction
withdrawal of petition
de‑sealing

Judgment

2026:BHC-GOA:1798-DB
                                               45 WP 332 2026

                Sonam

                        IN THE HIGH COURT OF BOMBAY AT GOA
                                WRIT PETITION NO.332 OF 2026

           ANTONIO FERNANDES                                         ... PETITIONER
             Versus
           THE STATE OF GOA THR THE CHIEF
           SECRETARY AND 5 ORS                                       ... RESPONDENTS


           Mr. Ajay Menon, Advocate for the Petitioner.
           Mr. Prashil Arolkar, Additional Government Advocate for
           Respondent Nos. 1 and 2.
           Mr. Vinoj K. Daniel (through V.C.), Advocate for Respondent
           No. 3.
           Mr. Shivan Desai with Ms. Riya Amonkar, Advocates for
           Respondent Nos. 4 and 5.
           Ms. Akshata Bhat, Advocate for Respondent No. 6.


                                  CORAM:- VALMIKI MENEZES &
                                          AMIT S. JAMSANDEKAR, JJ.
                                  DATED :- 7th September, 2026

           P.C.:
           1.      In view of the fact that the Petitioner's Restaurant falls within
           the White category under the Order dated 20.07.2026 passed by the
           Central Pollution Control Board, Ministry of Environment, Forest
           & Climate Change, Government of India, the Goa State Pollution
           Control Board has now revoked the impugned order dated
           03.04.2024.


           2.      Mr. Dessai, learned Advocate appearing for Respondent Nos.
           4 and 5, who are the Landlords of the property over which the

                                                  Page 1 of 2
                                               7th September, 2026
                                   45 WP 332 2026


Petitioner has claimed the tenancy right under the Goa, Buildings
(Lease, Rent and Eviction) Control Act, 1968, submits that the
petition may be disposed of without prejudice to contentions that
may be raised by the Landlords. Since the application under
Section 18 under the said Act is pending before the Rent
Controller.


3.    Considering that the impugned order is now being revoked,
nothing further survives in this petition. On instructions, Mr.
Menon, learned Advocate appearing for the Petitioner, seeks to
withdraw this petition without prejudice to any of the contentions
that may be raised by the Petitioner in the Rent Application. The
petition is therefore disposed of as withdrawn.


4.    Needless to state that the Goa State Pollution Control Board
shall de-seal the premises of the Petitioner within a period of two
days, since the impugned order is now revoked.


5.   All contentions of the parties are left open since this petition is
not being disposed of on merits.



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




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                                   7th September, 2026

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