Case Note & Summary
By way of a public interest litigation, a society registered under the Societies Registration Act, 1860, and three residents of Guirdolim, Chandor and Cavorim villages in Salcete taluka, Goa, challenged the construction for doubling of the railway track in the Vasco-Da-Gama–Kulem section and development of Chandor railway station without requisite statutory permissions. The respondents included South Western Railways, Rail Vikas Nigam Limited, the Village Panchayat of Guirdolim, the Town and Country Planning Department, the Goa Coastal Zone Management Authority, the Collector, the Water Resources Department, and the Government of Goa. The petitioners contended that large-scale construction involving filling of low-lying, water-logged agricultural lands and a major rivulet commenced in October 2020 despite the absence of permissions under the Goa Panchayat Raj Act, 1994, the Goa Town and Country Planning Act, 1974, the Goa Irrigation Act, 1973, the Goa Daman and Diu Land Revenue Code, 1968, and the Coastal Regulation Zone Notification, 2011 issued under the Environment Protection Act, 1986. They further alleged that railway authorities trespassed into private and church property, and that the local authorities failed to take action. Procedurally, the Village Panchayat of Guirdolim wrote to the railway authorities on 14 March 2019 and 8 August 2019 seeking details of the double tracking proposal, but received no response. Construction commenced in October 2020 despite opposition. The Panchayat again wrote on 17 December 2020 demanding a halt, but work continued. Residents complained to police and to the Goa Coastal Zone Management Authority, the Collector, and the Town and Country Planning Department without success. The PIL was instituted on 1 April 2021, seeking writs of mandamus or prohibitory orders directing the railway authorities to obtain prior permissions, stop ongoing works, and explain the scope of works to the Gram Sabhas. The core legal issues were whether the railway authorities were obliged to obtain prior permissions under the state and central statutes and the CRZ Notification before construction, and whether Section 11 of the Railways Act, 1989, exempted them from such requirements. The petitioners' counsel, Ms. Collasso, argued that the construction violated statutory mandates; that the Supreme Court in T.N. Godavarman Thirumulkpad v. Union of India had revoked the wildlife permission for double tracking on the ground that it was unnecessary; and that Section 11 of the Railways Act did not expressly exempt the railway authorities from other laws. The High Court, in its oral judgment dated 3 August 2022, noted that it could have disposed of the PIL by applying the principle in Beg Raj Singh v. State of Uttar Pradesh that rights of parties stand crystallized on the date of commencement of litigation and relief may be denied because of intervening events. However, the Court declined to do so because an important question of law emerged and it proceeded to hear the merits. The provided text ends during the petitioners' submissions and does not record the final decision or any operative directions.
Headnote
A) Environmental Law - Coastal Regulation Zone Clearance - Prior Permission for Construction in CRZ Areas - Environment Protection Act, 1986, Section 3 - The petitioners contended that double tracking of railway line in CRZ areas requires prior permission under the 2011 CRZ Notification issued under Environment Protection Act, 1986; the High Court was asked to direct railway authorities to obtain such permission and stop works until obtained (Paras 2, 5). B) Panchayat Law - Prior Permission from Village Panchayat - Goa Panchayat Raj Act, 1994 - Petitioners alleged construction without Panchayat permission and failure to inform Gram Sabha; Village Panchayat's letters went unanswered; court considered whether such permission mandatory (Paras 3-4). C) Town and Country Planning - Construction Permissions - Goa Town and Country Planning Act, 1974 - Petitioners argued double tracking required prior permission under T&CP Act; absence of such permission rendered construction illegal (Paras 2, 5). D) Land Laws - Filling of Agricultural Lands and Rivulet - Goa Daman and Diu Land Revenue Code, 1968 and Goa Irrigation Act, 1973 - Petitioners alleged large scale filling of low-lying agricultural lands and major rivulet without permissions; issue whether railway authorities must comply with these statutes (Paras 3-5). E) Railways - Exemption from Statutory Permissions - Railways Act, 1989, Section 11 - Petitioners contended Section 11 does not expressly exempt railway authorities from permissions under other laws; it merely enables construction of railway lines but does not override other statutory requirements (Para 5). F) Wildlife Law - Double Tracking Permission Revoked - Wildlife (Protection) Act, 1972 - Petitioners relied on Supreme Court's decision in T.N. Godavarman Thirumulkpad v. Union of India revoking NBWL permission for double tracking as unnecessary, supporting their prayer for stoppage of work (Para 5).
Issue of Consideration
Whether the railway authorities (South Western Railways and Rail Vikas Nigam Limited) are required to obtain prior permissions under the Goa Panchayat Raj Act, 1994, Goa Town and Country Planning Act, 1974, Goa Irrigation Act, 1973, Goa Daman and Diu Land Revenue Code, 1968 and the Coastal Regulation Zone Notification, 2011 before carrying out double tracking of railway line and development of Chandor railway station; and whether Section 11 of the Railways Act, 1989 exempts them from such permissions.
Law Points
- Rights of parties stand crystallized on date of commencement of litigation
- relief may be denied due to subsequent or intervening events
- right to relief should be decided by reference to date of entering court
- Section 11 of Railways Act
- 1989 does not explicitly exempt railway authorities from permissions under other laws
- prior permissions required under Goa Panchayat Raj Act
- 1994
- Goa Town and Country Planning Act
- 1974
- Goa Irrigation Act
- 1973
- Goa Daman and Diu Land Revenue Code
- 1968
- Coastal Regulation Zone Notification
- 2011 before railway construction
- Supreme Court revoked wildlife permission for double tracking as unnecessary
