IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 373 OF 2009 IN PUBLIC INTEREST LITIGATION WP NO. 1 OF 2008 RAJARAM BANDEKAR(SIRIGAO) MINES PVT.LTD., ... Applicant Versus VILLAGERS OF SHIRIGAO VILLAGE AND ORS., ... Respondents Mr. A.F. Diniz, Advocate for the applicant. Ms. Norma Alvares, Amicus Curiae. Mr. S. S. Kantak, Advocate General with Mr.A. Kamat, Addl. Government Advocate for respondent nos. 3, 4 and 5. Mr. A. N. S. Nadkarni, Senior Advocate with Mr. D. Lawande, Advocate for the respondent no.6. Mr. S. D. Lotlikar, Senior Advocate with Mr. P. Lotlikar, Advocate for respondent no.7. Mr. S. Usgaonkar, Advocate for respondent no.8. Coram:- B. P. DHARMADHIKARI & U. D. SALVI, JJ. Date:- 21st April, 2009 P.C. Heard. 2. The other Companies are not seeking any modification in the order dated 17.04.2009. 3. The applicant before us, constrained by circumstances has moved this application pointing out that the ship has arrived and the loading of contracted ore has to be done by 28th April, 2009 and in the event, the ship is not loaded by that date, the applicant/Company will have to pay heavy demurrage charges. Learned Counsel contended that time till 27th April, 2009 should be given to the applicant/Company to complete the process of loading and they will stop the transport operation after 27th April, 2009 till the festival is over in terms of the order of this Court. The support is sought to be taken from the earlier order that the transportation was discontinued only from 7th May, 2009 till 13th May, 2009. 4. Learned Amicus Curiae has pointed out that the religious festivities and jatra etc., start by 23th April, 2009 and the trucks carrying ore pass in every 30 seconds creating lot of dust. She therefore strongly opposes the prayer. 5. Considering the fact and in view of the contingency which has arisen and also in view of the statement made by the applicant/Company that it will pay an amount of Rs. 3,00,000/- by way of donation to Shree Lairai Saunsthan, Shirgao, Taluka Bicholim, by 30th April, 2009, we permit the applicant/Company to carry on the transport of ore till 25th April, 2009. 6. However, it is made clear that this concession is given to the applicant/ Company as exception for this year and if the Petition still survives, the same will not be a precedent for the next year. All Mining Companies to note that no transport operations will be permitted after the religious festivities for jatra begin. The Mining Companies shall accordingly plan their transport operations from next year. 7. The application is allowed subject to terms and conditions mentioned above. B. P. DHARMADHIKARI, J. U. D. SALVI, J. at*