Case Note & Summary
The petitioner, Mrs. Bertha Emilia Fernandes, filed a writ petition challenging an order dated 19th July 2004 passed by the Goa Coastal Zone Management Authority. The dispute concerned structures marked E, F and G. The petitioner's specific case was that these structures were constructed prior to the year 1991. The respondent authority failed to consider this aspect. The Advocate General appearing for the respondent fairly conceded that this aspect had been overlooked. In view of this admitted position, the court did not go into the merits of the diverse contentions raised in the writ petition. The impugned order was quashed and set aside in respect of the disputed structures E, F and G. The matter was remanded back to the concerned authority for fresh consideration in accordance with law. No costs were awarded.
Headnote
A) Environmental Law - Coastal Regulation Zone - Consideration of Pre-1991 Construction - The respondent authority failed to consider the petitioner's specific case that structures E, F and G were constructed prior to 1991 - The Advocate General conceded this oversight - Held that the impugned order is quashed and matter remanded for fresh consideration (Paras 2-3).
Issue of Consideration
Whether the respondent authority failed to consider the petitioner's specific case that the disputed structures were constructed prior to 1991.
Final Decision
The impugned order dated 19th July 2004 is quashed and set aside in respect of the disputed structures E, F and G. The matter is remanded back to the concerned authority for fresh consideration in accordance with law. No costs.
Law Points
- Failure to consider specific case
- Remand for fresh consideration
- Concession by Advocate General
Case Details
2005 LawText (BOM) (08) 169
Writ Petition No. 387 of 2004
Mr. A. F. Diniz for petitioner; Mr. S. S. Kantak, Advocate General with Ms. Gauri Bhonsale, Addl. Govt. Advocate for respondent
Mrs. Bertha Emilia Fernandes
The Goa Coastal Zone Management Authority
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Nature of Litigation
Writ petition challenging order of Goa Coastal Zone Management Authority
Remedy Sought
Quashing of impugned order dated 19th July 2004
Filing Reason
Respondent authority failed to consider petitioner's case that structures E, F and G were constructed prior to 1991
Previous Decisions
Impugned order dated 19th July 2004 passed by respondent authority
Issues
Whether the respondent authority failed to consider the petitioner's specific case that the disputed structures were constructed prior to 1991.
Submissions/Arguments
Petitioner argued that structures E, F and G were constructed prior to 1991.
Respondent's Advocate General conceded that this aspect was overlooked.
Ratio Decidendi
When an authority fails to consider a specific case raised by a party, the order is liable to be quashed and the matter remanded for fresh consideration.
Judgment Excerpts
the respondent authority failed to consider the petitioner's specific case that the disputed structures `E', `F' and `G' were constructed prior to the year 1991.
The learned Advocate General appearing for the respondent fairly conceded that this aspect has been overlooked by the respondent authority.
Procedural History
The petitioner filed Writ Petition No. 387 of 2004 challenging the order dated 19th July 2004 of the Goa Coastal Zone Management Authority. The petition was heard and disposed of on 19th August 2005.
Acts & Sections
- Coastal Regulation Zone Notification, 1991:
