LAWS(BOM)-2007-10-248

KRISHNA M NAIK Vs. UNION OF INDIA

Decided On October 19, 2007
Krishna M Naik Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard both sides. Rule. By consent, rule is made returnable forthwith.

(2.) This writ petition impugn an order dated 27.7.2007 passed by the Goa Costal Zone Management Authority by which the authority by virtue of powers delegated U/s.5 of Environment (Protection) Act, 1986, has directed the petitioner to demolish his structure within one month from the date of passing of the order failing which the authorities will direct to appropriate authoritiy to demolish the structure without further notice.

(3.) It appears that in the impugned order, reliance was placed upon the report of the Dy. Collector, Mhapusa which was the basis of the show cause notice under the Environment (Protection) Act. This report was never furnished to the parties along with the show cause notice at any stage before passing the impugned order dated 27.7.2007.