Mr.Alberto Francisco Fernandes. v. State Of Goa, Through Its Chief Secretary And 2 ORS.,

1 WP231-16

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 231/2016 Mr. Alberto Francisco Fernandes, major of age, r/o. Villa Justin, House No. 6/128, Cobra Wado, Calangute, Goa Permanent address :

61 Franks Wood Avenue, Orpington, Kent, U.K.-BR5 1BN. ........... Petitioner. V/s.

1) State of Goa, through its Chief Secretary, Alto-Porvorim, Goa.

2) Village Panchayat Calangute, through its Secretary, Calangute, Bardez, Goa.

3) The Chief Town Planner, The Town and Country Planning Department, 2nd Floor, Dempo Towers, Patto, Panaji, Goa.

4) North Goa Planning and Development Authority, through its Chairman, Archidiocese Bldg., 1st Floor, Mala Link Road, Mala, Panaji, Goa 403 001.

........ Respondents.

Mr. Jude Sequeira, Advocate for the petitioner. Mr. P. Dangui, Additional Govt. Advocate for the respondents No.1 and 3.

2 WP231-16 CORAM :- F.M. REIS & NUTAN D. SARDESSAI, JJ.

Date : - 21/06/2016.

ORAL JUDGMENT : (PER F.M. REIS, J.) Heard Mr. Jude Sequeira, learned Counsel appearing for the petitioner and Mr. P. Dangui, learned Additional Govt. Advocate appearing for the respondents No.1 and 3.

2.

Rule. Learned Counsel appearing for the respondents waives service. Heard forthwith, with the consent of the learned Counsel.

3.

Upon hearing the learned Counsel, it appears that the only relief sought by the petitioner, at this stage, is to process the application dated 11/10/2013 for permission to construct a compound wall filed by the petitioner under the Goa (Regulation of Land Development and Building Construction) Act. It is pointed out by the learned Counsel appearing for the petitioner that the application is pending before the Town and Country Planning Department, namely the respondent No. 3 herein.

3 WP231-16 4.

Hence, we dispose of the above petition by directing the respondent No. 3 to take a decision on the application dated 11/10/2013 filed by the petitioner and in case, such an application has to be transmitted to the respondent No.4, the respondents shall proceed to transmit such an application to the respondent No.4 to examine the application filed by the petitioner, in accordance with law, as expeditiously as possible and preferably within two months from today. All contentions of the parties are left open as we have not examined the correctness or otherwise of the claim of the petitioner. 5.

Rule is disposed of in the above terms.

NUTAN D. SARDESSAI, J.

F.M. REIS, J.

ssm.