Vicentina Fernandes v. State Of Goa, Thr. Chief Secretary, Govt. Of Goa And 5 ORS

Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.61/2021 Vicentina Fernandes.

...Petitioner.

Versus

State of Goa and others.

... Respondents.

Mr. C.A. Coutinho, Advocate for the Petitioner. Mr. D.J. Pangam, Advocate General with Ms. Maria Correia, Additional Govt. Advocate for Respondents No.1 to 4. Coram : M.S. Sonak & Smt. Bharati H. Dangre, JJ.

Date : 3rd February, 2021.

P.C. :- Heard Mr. C.A. Coutinho for the Petitioner. Mr. D.J. Pangam, the learned Advocate General appears along with Mr. P. Arolkar, the Additional Govt. Advocate for Respondents No1 to 4. 2.

For the order which is proposed to be made, there is no necessity of notice to the remaining Respondents. 3.

The Petitioner, basically complains about inaction on the part of Respondents No.1 to 4 in addressing his complaint against the technical clearance issued to Respondent No.6 for putting up the

multi-dwelling units.

4.

The learned Advocate General points out that based on the complaint of the Petitioner, Deputy Town Planner has already issued a notice to Respondent No.6 and even is in receipt of the reply from Respondent No.6. The learned Advocate General states that the Deputy Town Planner will dispose of the Petitioner's complaint after holding an inspection at the site, in accordance with law, as expeditiously as possible and, in any case, within a period of 8 weeks from today.

5.

The learned Advocate General states that the Deputy Town Planner, if necessary, will hear the Petitioner, as well as Respondent No.6 before disposing of the complaint.

6.

The aforesaid statement is accepted and the Petition is disposed of, with direction to the Deputy Town Planner to act accordingly.

7.

We make it clear that we have not gone into the merits of the rival contentions and, therefore, it will be for the Deputy Town Planner to decide all such matters, in accordance with law and on their own merits.

8.

All concerned to act on the basis of an authenticated copy of this order.

Smt. Bharati H. Dangre, J. M.S. Sonak, J. SANTOSH S MHAMAL MHAMAL Date: 2021.02.04 10:15:34 +05'30'