Authority: High Court of Bombay at Goa

Order Date: 29 September 2026

Case Overview

  • Petition No. 1329 of 2026 filed by petitioner Uday Sudhakar Dessai challenging Order dated 09.09.2026 passed by National Green Tribunal (Western Zone Bench, Pune) in Appeal No. 612/2025.
  • Respondents: Alchemist Asset Reconstruction Co. Ltd (through Akshat Sharma) and an additional respondent.
  • Grounds of challenge: violation of natural justice and statutory requirement under Section 19(4)(i) of the NGT Act; alleged ex‑parte interim injunction despite no merit.
  • Respondent No.1 argued that Section 22 provides for direct appeal to High Court, seeking to uphold NGT order.
  • Court examined submissions and noted that the NGT had itself observed lack of merit, yet granted interim injunction without notice, contravening Section 19(4)(i).
  • Affidavit of Respondent No.2 showed demolition/removal of unauthorized temporary structures that were the subject of the proceedings, confirming that the premises were legally constructed for commercial use.

Final Outcome

  • The High Court allowed the writ petition, quashing the NGT order dated 09.09.2026 to the extent it restrained the petitioner from carrying on commercial activity.
  • Parties are free to present merits before the NGT; further orders may be issued by the Tribunal without being impeded by this judgment.

Signature

  • Signed by Senior Private Secretary Andreza Pereira on 29/09/2026 at 16:51:49.

Topics: Legal Dispute, Environmental Regulation