-1- IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 470 OF 2009 1. Prime Mineral Exports Pvt. Ltd. Having office at F-1, 1st floor, Oceanic Apartments, Behind Hanuman Temple, Miramar, Panaji, Goa, 403001 represented by its authorized representative and Director, Mr. Kaustubh Sawkar, aged 33 years, Indian national, married, resident of C-1/F-2, Elisa Estates, Karaswada, Mapusa, Goa. 2. Ambar Auduth Timblo, son of Auduth Timblo, aged 33 years, Indian national, resident of F-2, Dona Paula Apts., Dona Paula, Goa. ...... Petitioners V e r s u s 1. State of Goa, through the Chief Secretary, Government of Goa, Secretariat, Panaji, Goa. 2. Captain of Ports, Government of Goa, Captain of Ports Department, Panaji, Goa. 3. Director General of Police, Government of Goa, Police Headquarters, Panaji, Goa. (Registered Addresses) ...... Respondents Mr. S. G. Dessai, Senior Advocate with Mr. Shivan Dessai, Advocate for the Petitioners. -2- Mr. S. S. Kantak, Advocate General with Ms. G. Bhonsale, Addl. Government Advocate for the Respondents. AND WRIT PETITION NO. 471 OF 2009 1. M/s. Sesa Goa Limited A company incorporated under the provisions of the Companies Act, 1956, having its Office at Sesa Ghor, 20 EDC Complex, Patto, Panaji-Goa, 403 001, through its Company Secretary & General Manager- Legal Mr. Chandrashekhar D. Chitnis. 2. Mr. Chandrahas Sairoba Rane, Shareholder of M/s. Sesa Goa Ltd. Aged about 35 years, residing at flat no. 1, Kunal Apartments, Soccorro, Porvorim, Bardez, Goa. ...... Petitioners V e r s u s …... Respondent 1. State of Goa, through its Chief Secretary, having its Office at the Secretariat, Porvorim, Bardez-Goa. 2. Collector and District Magistrate, North Goa, Government of Goa, Collectorate Building, Panaji, Goa, 403001. 3. Captain of Ports, Government of Goa, Having Office at Captain of Ports -3- Building, Panaji, Goa, 403 001. 4. Director General of Police, Government of Goa, Police Headquarters, Panaji, Goa. 403 001. 5. Superintendent of Police, North Goa, Government of Goa, Panaji, Goa. (All the above are registered addresses) …... Respondents Mr. A. N. S. Nadkarni, Senior Advocate with Mr. H. D. Naik, Advocate for the Petitioners. Mr. S. S. Kantak, Advocate General with Ms. G. Bhonsale, Addl. Government Advocate for the Respondents. CORAM : S. B. DESHMUKH & U. D. SALVI, JJ. DATE : 30 th July, 2009 . ORAL JUDGMENT Rule, made returnable forthwith. 2. Learned Advocate General Mr. S. S. Kantak with Ms. G. Bhonsale, waives notice for respondents in both the matters. 3. We have heard the learned Counsel appearing for the petitioners in both these Writ Petitions finally, at this stage, taking into -4- consideration the facts and circumstances of the case. Along with Writ Petition No. 470/2009, newspaper clipping is annexed. Both the learned Counsel, who appear for the petitioners, have pointed out that both the Petitions have been verified by the authorized person, authorized by the respective petitioners. Learned Advocate General Mr. Kantak has tendered communication, addressed to the Dy. Collector and SDM, Panaji, Goa. It is marked 'X' for identification purpose and taken on record. Copy is served to the learned Counsel for the petitioners. This communication is addressed by the Captain of Ports to the Dy. Collector and SDM, Panaji. Police force is requested to be deputed at St. Estevam Akhada site to clear the Cumbarjua canal so that the loaded barges can complete their voyages from 02.30 p.m. today i.e. 30.07.2009. From both the Petitions, it appears that on account of alleged freak accident, on Saturday morning i.e. 26.07.2009, Villagers have protested and blocked the Cumbarjua Canal. On account of such protest by the Villagers, the Cumbarjua Canal is blocked. Barges/ships of the Petitioners and/or hired by the Petitioners in these two Petitions, have been resultantly halted. Counsel for the petitioners submit that they are suffering irreversible loss on account of such blockade of this Cumbarjua canal. From the news item i.e. Exhibit P-3, prima facie, it appears that in the alleged accident, no-one (human person) was injured. A communication filed by the learned Advocate General, Mr. -5- Kantak, supports the contention raised in the Writ Petitions, prima facie, that on account of alleged freak accident, the Captain of Ports was required to seek help of the police personnel from the Sub-Divisional Magistrate. Counsel for the parties have also invited our attention to the Order passed by this Court earlier in Writ Petition no. 553/2007 dated 21.11.2007. 4. In substance, the petitioners are interested in the peaceful navigation through the canal concerned. Having considered the submissions of the learned Senior Counsel for the petitioners, in our view, these two Petitions can be disposed off at this stage directing the respondents and more particularly Captain of Ports and Director of Police to clear the obstruction and blockade of the navigational route, if any, facilitating the petitioners to transport their minerals through their own ships/barges or ships/barges hired by them. In case of necessity, respondents shall make available appropriate/adequate police protection. 5. Learned Counsel for both the petitioners seek deletion and addition in prayer clauses. This deletion and addition we have considered and we have also heard learned Advocate General, who appears for the respondents, in both these matters. These deletions -6- and additions in prayer clauses in both these Petitions to be carried out forthwith. 6. In this view of the matter, Writ Petition no. 470/2009 is allowed and disposed off in terms of prayer Clause (A) and Writ Petition no. 471/2009 is allowed in terms of prayer Clause 34(i) and (ii) and disposed off. 7. Rule made absolute in above terms. 8. Authenticated copy to be provided to the parties as per usual procedure and on their request. S. B. DESHMUKH, J. U. D. SALVI J. arp/*