Case Note & Summary
The petitioner, The River Princess Hatao Manch, a registered society through its Convenor Mr. Fermino Fernandes, filed a Public Interest Litigation before the Bombay High Court at Goa seeking a writ of mandamus for removal of the vessel 'M.V. River Princess' grounded off the Candolim-Sinquerim shore since September 1998. The petitioner also sought directions for immediate measures to protect the shoreline from erosion caused by the grounded ship. The respondents included the State of Goa, Director of Tourism, Director of Science, Technology & Environment, Union of India, and Jaisu Shipping Co. Pvt. Ltd. The court heard the learned counsel for the petitioner, the Advocate General for respondent nos. 1 to 3, and the counsel for respondent no.5, who submitted to the orders of the court. The court also heard an intervenor, Madgavkar Salvage, who filed Misc. Civil Application No. 471/2010. The court made it clear that it was not concerned with the manner of removal of the vessel. The court held that the vessel constitutes a hazard to navigation and environment, and the State is obligated to remove it and prevent coastal erosion. The court issued a writ of mandamus directing the respondents to forthwith take action for removal of the vessel and to initiate immediate measures for protection of the Candolim-Sinquerim shoreline and to check erosion occurring on account of the grounded ship. Rule was made returnable forthwith by consent.
Headnote
A) Public Interest Litigation - Environmental Protection - Removal of Grounded Vessel - The petitioner, a registered society, sought a writ of mandamus for removal of the vessel 'M.V. River Princess' grounded off Candolim-Sinquerim shore since 1998, and for protection of the shoreline from erosion. The court held that the vessel constitutes a hazard to navigation and environment, and the State is obligated to remove it and prevent coastal erosion. (Paras 5-6) B) Environmental Law - Coastal Erosion - Protection of Shoreline - The court directed the State of Goa to take immediate measures for protection of the Candolim-Sinquerim shoreline and to check erosion occurring on account of the grounded ship. (Para 5) C) Administrative Law - Mandamus - Duty of State - The court issued a writ of mandamus directing the respondents to forthwith take action for removal of the vessel and to initiate immediate measures for protection of the shoreline. (Para 5)
Issue of Consideration
Whether the respondents should be directed to remove the grounded vessel 'M.V. River Princess' from the Candolim-Sinquerim shore and take measures to protect the shoreline from erosion.
Final Decision
The court issued a writ of mandamus directing the respondents to forthwith take action for removal of the vessel 'M.V. River Princess' and to initiate immediate measures for protection of the Candolim-Sinquerim shoreline and to check erosion occurring on account of the grounded ship. Rule made returnable forthwith by consent.
Law Points
- Public Interest Litigation
- Environmental Protection
- Coastal Erosion
- Hazard to Navigation
- Mandamus
- Removal of Wreck
