Panaji, November 5: The Bombay High Court at Goa has restrained the resumption of operations at a 120-tonne-per-hour hotmix plant in Dharbandora village, following a Public Interest Litigation (PIL) filed by two elderly residents of the Dhangar community and environmental NGO Goa Foundation.

The petition challenges the construction and operation of the Asma Construction hotmix plant by Baab Construction (India) Pvt. Ltd., along with the 10-year Consent to Operate granted by the Goa State Pollution Control Board (GSPCB).

The petitioners, Gangi Madhu Gauli and Savitri Bhago Butte, are senior citizens from Petkem, a small hamlet inhabited by the economically disadvantaged Dhangar community. Goa Foundation is the third petitioner.

Hotmix Plant Just 25 Metres from Residential Houses

According to the petition, the plant, which produces asphalt concrete and bituminous materials, is situated barely 25 to 30 metres from the nearest residential house. Schools, a government college and a temple are located within a radius of 300 to 400 metres.

The petitioners alleged that dust, fly ash, black smoke and foul odours generated by the plant have severely affected residents, contaminating village wells and damaging cashew, jackfruit and mango plantations.

Several houses have reportedly been covered with protective nets to prevent dust from entering. Villagers have complained of asthma, breathing difficulties and being unable to eat meals comfortably inside their homes because of the pollution.

Plant Allegedly Operated Without Mandatory Permissions

The PIL alleges that the plant was established without technical clearance from the Town and Country Planning Department and without the mandatory construction licence or permissions under Sections 66 and 68 of the Goa Panchayat Raj Act, 1994.

None of the three survey numbers involved is designated as industrial land under the Regional Plan for Goa 2021. Survey No. 205 is reportedly classified as Protected/Reserve Forest under the Eco-I category.

The Range Forest Officer, Collem, has also indicated that the plant may prima facie fall within Survey No. 205, which is government land.

The petition further claims that the plant operated for more than 14 months, between December 1, 2022, and February 5, 2024, without obtaining the Pollution Control Board’s consent.

Subsequently, on February 6, 2024, the Board granted Consent to Operate without the mandatory prior Consent to Establish, allegedly violating environmental regulations and siting criteria prescribed under the Environment (Protection) Rules, 1986.

Pollution Board Found 24 Violations

Significantly, an inspection conducted by the GSPCB on November 25, 2025, reportedly revealed inefficient functioning of the plant’s air pollution control equipment and black smoke being emitted from its chimney.

The inspection identified non-compliance with 24 conditions attached to the Consent to Operate, prompting the Board to issue a show-cause notice on December 22, 2025.

However, according to the petition, even on May 8, 2026, as many as 12 conditions remained unfulfilled, while five others had been only partially complied with.

Despite these findings, the Board allegedly failed to pass a final order or take effective action to stop the plant’s operations.

Villagers’ Complaints Ignored by Authorities

The petitioners stated that residents had been submitting complaints since November 13, 2025, to several authorities, including the Primary Health Centre, police, Village Panchayat, Deputy Collector, Mamlatdar, Pollution Control Board, Collector, Forest Department, Director of Panchayats and the Chief Minister.

Despite repeated representations, no effective remedial action was taken, they alleged.

Goa Foundation contended that allowing a polluting industrial operation in a residential area violates the villagers’ fundamental right to a clean, healthy and pollution-free environment.

The plant generally operates between December and April every year, making the High Court’s restraint on resumption of operations particularly significant ahead of the upcoming operating season.

The details were released in a statement issued on November 5 by Goa Foundation Director Anthony de Souza.