Bombay High Court

ALCHEMIST ASSET RECONSTRUCTION COMPANY LTD. REP THR AUTHORISED OFFICER AKSHAT SHARMAversusGOA COASTAL ZONE MANAGEMENT AUTHORITY THR THE MEMBER SECRETARY AND 4 ORS

Disposal: Disposed of

Holding

The petition is disposed of as withdrawn, with the NGT’s directions remaining operative and the substantive questions left for the GCZMA.

Summary

The National Green Tribunal (NGT) allowed Alchemist Asset Reconstruction Company Ltd.'s appeal and remanded the case against Respondent No.3 to the Goa Coastal Zone Management Authority (GCZMA), directing a fresh order within two months and restraining Respondent No.3 from any commercial activity in the disputed structure. While the NGT order was pending, Respondent No.3 applied to transfer its 2019 NOC to Respondent No.5, a request still before the GCZMA. The NGT’s restraint was held to extend to Respondent No.5 until the GCZMA resolves the transfer application. In light of these developments, the petitioner sought to withdraw its writ petition. The High Court accepted the withdrawal and disposed of the petition, leaving the substantive issues for the GCZMA to decide.

Issues considered

What is the effect of the NGT’s order on the pending writ petition before the High Court?
Can the petitioner withdraw the writ petition after the NGT’s directions?
Does the NGT’s restraint on commercial operations extend to the transferee (Respondent No.5) pending GCZMA’s decision?

Subjects

National Green Tribunal
Coastal Zone Management
NOC transfer
withdrawal of petition
environmental law
jurisdiction

Judgment

                             17-WP-676-2026.DOC




Suchitra

             IN THE HIGH COURT OF BOMBAY AT GOA

                     WRIT PETITION NO.676/2026

 ALCHEMIST ASSET RECONSTRUCTION
 COMPANY LTD. REP THR AUTHORISED
 OFFICER AKSHAT SHARMA                              … PETITIONER

           Versus

 GOA COASTAL ZONE MANAGEMENT
 AUTHORITY THR THE MEMBER
 SECRETARY AND 4 ORS.
                                                    … RESPONDENTS

 Mr Karan Batura (thr VC) and Mr Jayant Karn, Advocates for the
 Petitioner.

 Ms Leona Barreto, Advocate for Respondent No.3.

 Mr Gaurish Agni, Advocate for Respondent No.4.

 Mr Shivan Desai and Ms Riya Amonkar, Advocates for Respondent
 No.5.

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

                    DATED:            21st SEPTEMBER 2026

 P.C. :


1.         An order dated 12.08.2026 passed by the National Green
Tribunal (NGT), Western Zone in Appeal No.613/2025 (WZ)
has been placed before us. his appeal was iled at the behest of
the Petitioner herein and has been allowed by the NGT
remanding the case against the Respondent No.3 who is the legal
representative of late Joaozinho Fernandes back to the Goa
Coastal Zone Management Authority (GCZMA).                 NGT has

                                    Page 1 of 2
                              21st September 2026
                                                            17-WP-676-2026.DOC




                                  further directed the GCZMA to pass a fresh order in the
                                  proceedings decided vide order dated 25/29.09.2025 within a
                                  period of two months from the date of uploading of its order. In
                                  the meantime, the NGT has restrained Respondent No.3 in this
                                  Petition – Gilbert Fernandes, from carrying out any commercial
                                  operations in the suit structure.

                                  2.       It is brought to our notice that in the meantime, the
                                  Respondent No.3 has sought to transfer the NOC of the
                                  GCZMA dated 06.02.2019 in favour of Respondent No.5 and
                                  that application is pending before the GCZMA. Needless to
                                  state, the NGT’s order which prohibits Respondent No.3 from
                                  carrying out any commercial operations, pending the application
                                  for transfer and renewal of Respondent No.5 shall also operate
                                  against Respondent No.5 until the disposal of the case before the
                                  GCZMA.

                                  3.       Having made these observations, the Petitioner, on
                                  instructions, seeks to withdraw this Petition in view of the
                                  directions of the NGT and the observations made by this Court
                                  today.

                                  4.       he Petition is disposed of as withdrawn leaving all
                                  questions raised by the Petitioner and Respondents open for the
                                  GCZMA to decide in the matter pending before it.


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




Signed by: SUCHITRA NANDAN                                         Page 2 of 2
SINGBAL                                                      21st September 2026
Designation: Personal Assistant
Date: 22/09/2026 12:52:59

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