The NGT had in April 2015 issued a detailed judgement against the case of tree felling in Tiracol but against this judgement, the hotel had filed a writ petition in the Bombay High Court at Goa. However, before the hearing they filed for transferring the writ petition to the Bombay High Court in Mumbai on the grounds that there were other similar petitions pending before the court in Mumbai calling for this one to be heard there itself.
The Bombay High Court, on May 5, 2015 stayed the NGT proceedings and called for hearing the transfer petition on June 19. In an appeal to the NGT, three villagers and the Goa Foundation raised questions against the CRZ and environment clearances granted by the MoEF and Goa SEAC for the golf course project in January this year.
Leading Hotels used this stay on the NGT orders to invade the village with bulldozers and bouncers cutting trees and begin construction on a road.
Appearing for Goa Foundation and the Tiracol villagers, Advocate Norma Alvares argued that the May 5 order “created an unequal playing field, with the hands of the clients tied while the Leading Hotels had commenced development and was creating havoc on the environment of the village,” she said.
On the day when rains brought the city of Mumbai to a halt, the Chief Justice of the Mumbai High Court Mohit S Shah issued an order rejecting the transfer petition. As the court had agreed to consider the cost of the respondents (Goa Foundation and three Tiracol villagers) coming to Mumbai for the case, the CJ assessed the costs of the rejected transfer petition at Rs 25,000 and directed the hotel to pay the amount.
