IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 275 OF 2011 THE CAUREM ADIVASI BHACHAO SAMITI THROUGH ITS PRESIDENT MR. NILESH GAONKAR ... Petitioner Versus SHRI SHAIKH SALIM AND 3 ORS., ... Respondents Mr. Nigel Da Costa Frias, Advocate for the petitioner. Mr. P. S. Rao with Mr. Gururaj Dalal, Advocate for respondent no.1. Mr. A. N. S. Nadkarni, Senior Advocate with Mr. D. Lawande, Advocate for respondent no.2. Coram:- A. P. LAVANDE, J. Date:- 29th June, 2011 P.C. Heard Mr. Costa Frias, learned Counsel for the petitioner, Mr. Rao, learned Counsel for respondent no.1 and Mr. Nadkarni, learned Senior Counsel for respondent no.2. 2. This petition has been filed aggrieved by the judgment and order dated 27th April, 2011 passed by the Tribunal by which the appeal filed by respondent no.1 under The Air (Prevention and Control of Pollution), Act, 1881 and The Water (Prevention and Control of Pollution) Act, 1974 has been partly allowed. The order dated 1st March, 2011 of the respondent in the appeal is set aside only to the extent of cessation of developmental / remedial activities carried out by the appellant in view of the directions dated 1st February, 2011 issued by respondent no.2. On 6th May, 2011, on behalf of respondent no.1 undertaking was given by the duly constituted Attorney of respondent no.1 by which respondent no.1 has undertaken only to carry out remedial measures as directed by respondent no.2 herein by order dated 1st February, 2011. Further undertaking has been given not to carry out extraction of ore. The undertaking has been already accepted. 3. In view of the undertaking given, the impugned order to the extent it permits developmental activities is set aside. Respondent no.1 shall carry out remedial activities in terms of the directions dated 1st February, 2011 issued by respondent no.2. 4. In view of the above, nothing survives in the present petition. Accordingly it is dismissed. 5. Needless to mention that the consent application filed by respondent no.1 shall be decided by respondent no.2 on its own merits and in accordance with law. 6. Writ Petition stands disposed of. A. P. LAVANDE, J. SMA