IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 526 OF 2010 IN SUO MOTU WRIT PETITION NO. 1 OF 2005 AMICUS CURIAE ... Applicant Versus STATE OF GOA THROUGH ITS CHIEF SECRETARY AND ORS., ... Respondents Mrs. Norma Alvares, Advocate for the Applicant. Mr. C.A. Ferreira, Assistant Solicitor General for Respondent No.4. Mr. M. Salkar, Addl.Government Advocate for the Respondent Nos. 1 and 2. Mr. A.N.S. Nadkarni, Senior Advocate with Mr. D. Lawande, Advocate for the Respondent No.3. Mr. Mahesh S. Sonak, Advocate for the Respondent No.5. Coram:- D. G. KARNIK & F. M. REIS, JJ. Date:- 18th October, 2010 P.C. 1. Heard the learned Counsel appearing for the parties. 2. By this application, the applicant in Suo Moto Writ Petition has drawn our attention to the breach of an order passed by a Division Bench of this Court on 28th April, 2010 as also the breach of an undertaking given to the Court and noted in its order dated 16th March, 2009. 3. While disposing of a Suo Moto Writ Petition this Court, by an order dated 28th April, 2010, directed as follows : "(I) The Writ Petition is disposed of by accepting the statements made and recorded in the earlier orders, as well as in terms of the orders and directions passed in this writ petition, from time to time, except as modified hereafter. (II)The statements contained in the affidavit dated 6.7.09 and in particular, paragraph 6 thereof regarding new industries, are accepted. (III) The proposals for expansion, modification and diversification of existing industries, on river banks, may be decided according to the existing guidelines and procedure followed by the Directorate of Industries, Trade and Commerce, including by insisting upon Environmental Clearance/EIA wherever required. However, such applications shall be considered only in the event of the same not having any adverse impact on the environment whatsoever, including by way of air pollution or water pollution and the GSPCB issuing a certificate to that effect and filing the same in this Court. (IV) Till the Final Regional Plan is prepared, every application for expansion, modification or diversification, shall be filed in this Court and intimation thereof shall be given to the learned amicus curiae Mrs. Norma Alvares thereof. Liberty to the learned amicus curiae to apply to this Court including in regard thereto, if necessary." 4. Learned Amicus Curiae points out that the permission has been granted to the respondent no.6 to this application to start an industry or to expand the existing industry without giving any notice or intimation to the Amicus Curiae in breach of para (IV) of the order of this Court. She further submits that the respondents have also committed breach of the undertaking given to this Court by the learned Advocate General on behalf of the respondents and noted by the Court in its order dated 16th March, 2009. 5. Shri Nadkarni, the learned Senior Counsel appearing for the respondent no.3 states that the undertaking given to the Court and recorded in the order of this Court dated 16th March, 2009 was given on behalf of the respondent nos. 1 and 2 and not on behalf of the respondent no.3 and therefore the respondent no.3 is not bound by the said statement or the undertaking. He further submits that therefore the respondent no.3 has not committed breach of any order of this Court. 6. It appears that the permission has been granted to the respondent no.6 to start an industry or to expand the existing industry after 16th March, 2009. Therefore, prima facie there is a breach of the order dated 16th March, 2009 and/or statement recorded in order dated 16th March, 2009. Hence, a case is made out for issuance of a contempt notice. Accordingly, we direct that the notice be issued to the respondent nos. 1, 2 and 3 to show cause as to why action in contempt should not be taken against them. Notice is made returnable after six weeks and shall be placed before the appropriate Bench dealing with the contempt petitions. 7. The Misc. Civil Application is disposed of. D. G. KARNIK, J. F. M. REIS, J. at*