PANAJI
The High Court of Bombay at Goa has directed the private respondents accused of illegally landfilling ecologically sensitive mangrove and khazan land at Morombi-O-Pequeno to deposit Rs 1.69 crore towards restoration of the damaged site, holding that they are prima facie liable to compensate the State for the environmental damage caused.
The amount has been assessed by a court-appointed Task Force as the cost of restoring the land to its original condition. The Court also directed the respondents to spell out, through an affidavit within two weeks, the measures they propose to undertake to restore the land.
The direction came as the Division Bench of Justices Valmiki Menezes and Hiten Venegavkar simultaneously recorded that the Comunidade of Murda had cleared debris and construction waste from another ecologically sensitive site at Murda, but ruled that the area must now be protected from fresh dumping and restored to its original mangrove and khazan ecosystem.
The Court noted that a Task Force report dated May 18, 2026 had found "massive land-filling" using construction debris and other waste material in Survey Nos. 58/1 and 58/2 at Morombi-O-Pequeno, resulting in extensive damage to mangroves.
The report assessed the restoration cost at Rs 1,69,87,878, while noting that the ecological loss caused to adjoining mangroves and khazan lands was yet to be quantified.
Referring to its earlier order of June 9, 2026, the Bench observed that the occupants of the land, Respondents 22 and 23, were responsible for the damage.
“Prima facie, since Respondents 22 and 23 are occupants of this land, they would be liable to compensate the State for the environmental damage caused, which is now quantified by the Report dated 18.05.2026,” the Court stated.
The Bench directed the respondents to deposit the quantified restoration amount and file an affidavit within two weeks, indicating their response to the Task Force findings and the steps they intend to take to restore the site to its original condition.
In the same proceedings, the Court accepted a site inspection and monitoring report dated July 3, 2026 placed before it by the Advocate General, which confirmed that the Comunidade of Murda had removed all landfills and construction and demolition waste from Survey Nos. 93/1 to 93/10 and 93/2 to 93/9, in compliance with the recommendations of the Task Force.
The Bench also took on record an affidavit filed by the Attorney of the Communidade of Murda, Xavier Martins, detailing the debris removal work and compliance reports submitted to the Goa Coastal Zone Management Authority.
“On going through the Report and the affidavit, we are satisfied that the sites in question are now cleared of all debris,” the Court said.
The Court, however, made it clear that debris removal alone would not be sufficient.
“The sites are now required to be preserved in a manner that further dumping of debris and construction material should be prevented.
Further, we are of the view that the sites in question would require to be restored to their original condition, that is to say, to their original states of mangroves and khazan land as has been recorded in the Regional Plan,” it said.
To prevent future encroachments, the Court referred to a Task Force recommendation proposing excavation of a trench along National Highway-66 where the bund under Survey No. 93/1 meets the highway curve. It requested the Member Secretary of the Goa State Biodiversity Board to inspect the site and submit, within two weeks, a feasibility report on implementing the proposal.
The Goa State Biodiversity Board and the Chief Conservator of Forests are instructed to jointly inspect the Murda site and submit recommendations within two weeks on restoring the mangroves and khazan land.
"The restoration may include recommendations for planting particular species which are indigenous or native to the said areas or such other measures as they would recommend," the Court directed.
The matter will come up for further hearing on August 24 after the reports and affidavits are placed on record.
